Warrnambool Bus & Roadways Pty Ltd

[2014] FWCA 6384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Warrnambool Bus & Roadways Pty Ltd
(AG2014/6999)

WARRNAMBOOL BUS & ROADWAYS PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Warrnambool Bus & Roadways Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Warrnambool Bus & Roadways Pty Ltd Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Transport Workers Union of Australia Victorian/Tasmanian Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Warrnambool Bus & Roadways Pty Ltd applied for the approval of the Enterprise Agreement 2014. The applicant sought to have the agreement, which had been entered into with the employees, approved under the Fair Work Act 2009. The nature of the dispute was the procedural fairness and compliance of the agreement with relevant industrial laws. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, particularly focusing on whether it was made in accordance with the requirements of the Fair Work Act.

The legal issues the court needed to address included whether the agreement was genuinely made by the parties without coercion, whether the process followed to create the agreement was procedurally fair, and whether the agreement contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. The court also had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and whether it was made without any unlawful content.

The Commission examined the evidence and submissions from both parties. It found that the agreement had been negotiated in good faith and that there was no evidence of coercion or procedural unfairness. The Commission was satisfied that the agreement contained the required minimum terms and conditions and was consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. After thorough deliberation, the Commission approved the agreement, finding it to be fair and compliant with the relevant legislation.

The final orders of the Commission were that the Warrnambool Bus & Roadways Pty Ltd Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the Commission's decision. This outcome allowed the agreement to be implemented between the employer and the employees, providing a framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established