DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Bus & Roadways Pty Ltd
(AG2020/27)

WARRNAMBOOL BUS & ROADWAYS PTY LTD ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the Warrnambool Bus & Roadways Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Bus & Roadways Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrnambool Bus & Roadways 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. The undertakings are taken to be a term of 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 as are relevant to this application for approval have been met.

[4] I note that Clauses 11.5, 17.4 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 17.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Transport Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Warrnambool Bus & Roadways Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement made with their employees. The employees, represented by a union, sought various terms and conditions regarding pay rates, working conditions, and other employment-related matters. The case was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal.

The legal issues before the Commission centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included determining if the agreement was made in good faith, if it complied with the "better off overall test," and if it covered the necessary minimum terms and conditions as specified by the Act. The Commission also had to consider if the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission found that the enterprise agreement was made in good faith and satisfied the "better off overall test," meaning that the employees would be no worse off financially and, in some cases, better off under the new agreement. The Commission noted that the agreement provided for fair pay rates, adequate working conditions, and other terms that were reasonable and necessary for the operation of the business. The Commission approved the enterprise agreement, recognising the balanced approach taken by both parties in negotiating the terms.

The Fair Work Commission approved the Warrnambool Bus & Roadways Pty Ltd Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were bound by its terms and conditions.

Warrnambool Bus & Roadways Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established