DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventura Bus Lines Pty Ltd
(AG2018/6639)

VENTURA BUS LINES P/L - CROYDON DEPOT ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2019

Application for approval of the Ventura Bus Lines P/L - Croydon Depot Enterprise Agreement 2018

[1] Ventura Bus Lines Pty Ltd has made an application for approval of an enterprise agreement known as the Ventura Bus Lines P/L - Croydon Depot Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 April 2019 and, in accordance with s 54, will operate from 6 May 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventura Bus Lines Pty Ltd applied to the Fair Work Commission for approval of the Ventura Bus Lines P/L - Croydon Depot Enterprise Agreement 2018. The application arose in the context of an enterprise agreement between the employer and its employees at the Croydon Depot. The dispute involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the registration of enterprise agreements.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act. This included assessing if the agreement was made in good faith, whether it contained the necessary provisions for employee protections, and if it complied with procedural requirements. The Commission also had to consider if the agreement provided for the proper classification of employees and the resolution of disputes.

The Fair Work Commission, in its decision, determined that the agreement did meet the statutory criteria for approval. The Commission found that the agreement was made in good faith and contained the required provisions for employee protections. It was also found to comply with the procedural requirements of the Fair Work Act, including the proper classification of employees and the resolution of disputes. The Commission approved the enterprise agreement, emphasising its role in providing a fair and reasonable framework for the employees of Ventura Bus Lines at the Croydon Depot.

The final orders of the Commission were that the Ventura Bus Lines P/L - Croydon Depot Enterprise Agreement 2018 be approved and registered under the Fair Work Act. This decision ensures that the agreement is legally binding and enforceable, providing a structured environment for the employer and employees to operate within.

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