DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventura Bus Lines Pty Ltd
(AG2019/1389)

FLEET SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non-rail) industry
COMMISSIONER YILMAZ	MELBOURNE, 26 JULY 2019

Application for approval of the Fleet Support Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fleet Support Services Enterprise Agreement 2019 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met.

[4] The Transport Workers’ Union of Australia 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

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 1 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventura Bus Lines Pty Ltd was a party in an application before the Fair Work Commission (FWC) regarding the approval of the Fleet Support Services Enterprise Agreement 2019. The dispute centred around whether the proposed agreement, which aimed to regulate the employment conditions of certain employees within the company, met the necessary legal standards for approval under the Fair Work Act 2009. The FWC was tasked with examining if the agreement provided for fair and reasonable terms and conditions of employment, as well as whether it complied with the procedural requirements set forth by the legislation.

The legal issues the FWC addressed included whether the agreement appropriately balanced the interests of the employees and the employer, if it adhered to the provisions of the Fair Work Act, and if it was made in good faith and without coercion. Additionally, the FWC considered whether the agreement covered all the mandatory bargaining items and if it included adequate mechanisms for dispute resolution. The FWC's analysis also involved verifying if the agreement was appropriately notified to the employees and if there was sufficient opportunity for consultation and objection.

In reaching its decision, the FWC found that the proposed agreement contained provisions that were fair and reasonable for the employees, and that it complied with the procedural and substantive requirements of the Fair Work Act. The FWC concluded that the agreement was made in good faith, without coercion, and that it covered all mandatory bargaining items. Furthermore, the FWC determined that there was adequate consultation and opportunity for objection, and that the dispute resolution mechanisms were appropriate. Therefore, the FWC approved the Fleet Support Services Enterprise Agreement 2019, considering it to be in the best interests of the employees and the employer.

Ventura Bus Lines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established