DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventura Bus Lines Pty Ltd
(AG2018/6624)

VENTURA BUS LINES P/L - OAKLEIGH 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 - Oakleigh 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 - Oakleigh 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

The application for the approval of the Ventura Bus Lines P/L - Oakleigh Enterprise Agreement 2018 was heard in the Fair Work Commission. The dispute involved the terms of an enterprise agreement between Ventura Bus Lines and the trade union, United Voice, representing the bus drivers and other employees. The application was brought before the Commission to determine whether the agreement met the necessary requirements under the Fair Work Act 2009 to be formally approved.

The key legal issues that the Commission had to address included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether it contained the necessary ‘protected action’ provisions to ensure it was not disadvantageous to the employees. The Commission had to examine the process by which the agreement was negotiated and the extent to which it complied with the Act. Furthermore, the Commission was required to consider if the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, maximum weekly hours, leave entitlements, and other relevant conditions.

The Commission found that the agreement was negotiated in good faith and followed the necessary procedural requirements as set out in the Fair Work Act. The Commission was satisfied that the agreement contained all the protected action provisions required by the Act, ensuring that it was not disadvantageous to the employees. The terms of the agreement were deemed to be fair and reasonable, covering all necessary conditions of employment. Consequently, the Commission approved the Ventura Bus Lines P/L - Oakleigh Enterprise Agreement 2018, formalising its status as a legally binding enterprise agreement.

The final orders of the Commission were that the Ventura Bus Lines P/L - Oakleigh Enterprise Agreement 2018 be approved and registered, effective from the date of the Commission’s decision. The agreement was to be published on the Fair Work Commission’s website, and all parties were required to adhere to the terms and conditions outlined within it.

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