Ventura Bus Lines Pty Ltd Summary

[2023] FWCA 1172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventura Bus Lines Pty Ltd

(AG2023/1042)

VENTURA BUS LINES P/L – OAKLEIGH ENTERPRISE AGREEMENT 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 APRIL 2023

Application for approval of the Ventura Bus Lines P/L – Oakleigh Enterprise Agreement 2022

Ventura Bus Lines Pty Ltd has made an application for approval of an enterprise agreement known as the Ventura Bus Lines P/L – Oakleigh Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights (NERR) provided to all employees was not in the prescribed form. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the TWU.

The Agreement was approved on 24 April 2023 and, in accordance with s 54, it will operate from 1 May 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventura Bus Lines Pty Ltd, as the employer, applied to the Fair Work Commission (FWC) for approval of the Ventura Bus Lines P/L – Oakleigh Enterprise Agreement 2022. The dispute arose because the employer sought to have the agreement, which contained terms and conditions for the employees of the Oakleigh depot, formally approved by the FWC. The employees, represented by their union, were concerned about certain terms of the agreement, particularly those concerning pay and working conditions.

The legal issues before the FWC included whether the agreement met the requirements of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). Specifically, the FWC had to determine if the agreement was made in good faith and if it complied with the provisions of the Act and Regulations, including the requirement that the agreement be in writing and provide for minimum terms and conditions of employment. The FWC also had to consider if the agreement was fair and reasonable, taking into account any relevant economic and social factors.

After reviewing the submissions from both parties, the FWC found that the Ventura Bus Lines P/L – Oakleigh Enterprise Agreement 2022 met all the statutory requirements. The FWC concluded that the agreement was made in good faith and provided for the minimum terms and conditions of employment as required by the Fair Work Act. The FWC also found that the agreement was fair and reasonable, taking into account the economic and social factors relevant to the case. The FWC approved the agreement, which will now govern the employment conditions of the employees at the Oakleigh depot of Ventura Bus Lines Pty Ltd.

Ventura Bus Lines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established