Ventura Bus Lines

[2014] FWCA 8147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventura Bus Lines
(AG2014/9796)

VENTURA BUS LINES (OAKLEIGH) CENTRE WORKSHOP ENTERPRISE AGREEMENT 2014-2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 17 NOVEMBER 2014

Application for approval of the Ventura Bus Lines (Oakleigh) Centre Workshop Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Ventura Bus Lines (Oakleigh) Centre Workshop Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventura Bus Lines. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 November 2014 and, in accordance with s.54, will operate from 24 November 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ventura Bus Lines Pty Ltd sought approval of the Ventura Bus Lines (Oakleigh) Centre Workshop Enterprise Agreement 2014-2017, which was negotiated with various unions representing their employees. The unions involved in the negotiation and submission of the agreement were the Transport Workers Union of Australia, the Australian Manufacturing Workers Union, and the Shop, Distributive and Allied Employees Association. The primary nature of the dispute centred around the terms and conditions outlined in the proposed agreement, with a particular focus on whether the agreement met the legal standards required for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to address involved determining if the agreement complied with the formal requirements set forth in the Fair Work Act. This included verifying if the agreement had been fairly negotiated, if it met the criteria for being a single, indivisible, and complete agreement, and if it adhered to the provisions concerning the protection of employee rights and interests. Additionally, the Commission had to assess if the agreement adequately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the agreement had been fairly negotiated and met the necessary criteria for approval. The Commission noted that the agreement was comprehensive, covered all employees within the relevant bargaining unit, and included provisions that protected employee rights and interests. Furthermore, the agreement was deemed to strike an appropriate balance between the interests of the employer and the employees. Consequently, the Commission approved the Ventura Bus Lines (Oakleigh) Centre Workshop Enterprise Agreement 2014-2017, finding it to be compliant with the requirements of the Fair Work Act.

No further orders were made by the Commission beyond the approval of the agreement. The decision stands as a confirmation that the agreement is legally binding and will govern the terms and conditions of employment for the relevant employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established