DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventura Bus Lines Pty Ltd
(AG2018/6640)

VENTURA BUS LINES P/L - KNOXFIELD 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 - Knoxfield 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 - Knoxfield 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

In the Fair Work Commission, Ventura Bus Lines Pty Ltd applied for approval of the Ventura Bus Lines P/L - Knoxfield Enterprise Agreement 2018. The applicant, a bus service provider, sought to have the agreement, which was entered into with the union representing its employees, approved under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment outlined in the proposed agreement and whether these complied with the statutory requirements for enterprise agreements.

The primary legal issue before the Commission was whether the agreement satisfied the legal prerequisites for approval, including compliance with the good faith bargaining requirements and whether the agreement met the statutory minima for employees. The Commission also had to consider whether the agreement provided for appropriate mechanisms for dispute resolution and whether it adequately protected the rights of employees.

The Commission found that the agreement met all necessary statutory requirements. The bargaining process was deemed to be conducted in good faith, and the agreement provided for adequate mechanisms for dispute resolution. Furthermore, the terms and conditions of employment were found to be consistent with the statutory minima and provided fair and reasonable outcomes for both the employer and the employees. Consequently, the Commission approved the Ventura Bus Lines P/L - Knoxfield Enterprise Agreement 2018.

The Commission's decision was that the agreement should be approved, and it was registered on the relevant register. The approval was subject to the agreement being implemented and the parties adhering to its terms and conditions.

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