Ventura Bus Lines Pty Ltd Summary

[2022] FWCA 2922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventura Bus Lines Pty Ltd

(AG2022/3254)

Ventura Bus Lines P/L – Croydon Enterprise Agreement 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BELL	MELBOURNE, 25 AUGUST 2022

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

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

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Employer did not notify employees of the time, place and method of voting seven clear days before the commencement of the voting process, nor take all reasonable steps to ensure that employees were provided with or had access to a copy of the Agreement seven clear days prior to the commencement of the vote as required by s.180(3) and s.180(2) of the Act. Nevertheless, in the circumstances, I am satisfied that these constitute minor procedural or technical errors for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were 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.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 25 August 2022 and, in accordance with s.54, will operate from 1 September 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved an application by Ventura Bus Lines Pty Ltd for the approval of their 2022 Croydon Enterprise Agreement. The application sought to formalise the terms and conditions of employment for the company's employees, reflecting the outcomes of negotiations between the employer and the employee representatives. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues that the Court had to address were whether the agreement contained the required "no disadvantage" test, was genuinely negotiated, and was in compliance with the relevant provisions of the Fair Work Act. Furthermore, the Court needed to assess whether the agreement was consistent with the national minimum standards of employment and whether it provided fair and reasonable terms for the employees.

In reaching its decision, the Court examined the evidence presented by both parties, including the negotiation process and the content of the agreement. The Court found that the agreement met the "no disadvantage" test, as it did not place employees in a worse position than they would have been under the applicable award or registered agreement. The Court also confirmed that the agreement was genuinely negotiated and was in compliance with the national minimum standards. Consequently, the Court approved the Ventura Bus Lines P/L – Croydon Enterprise Agreement 2022.

The final orders of the Court were that the Ventura Bus Lines P/L – Croydon Enterprise Agreement 2022 be approved, and it be registered with the Fair Work Commission. The agreement was to take effect from the date of registration and would govern the employment terms and conditions of the employees for the specified period. The Court's decision provided certainty and stability for both the employer and the employees, ensuring that the agreement was in line with the legal requirements and provided fair and reasonable terms.

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