DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wingham A Pty Limited T/A Dubbo Buslines
(AG2020/3347)

WINGHAM A PTY LIMITED BUS DRIVERS (DUBBO) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER JOHNS	SYDNEY, 18 NOVEMBER 2020

Application for approval of the WINGHAM A PTY LIMITED BUS DRIVERS (DUBBO) ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the WINGHAM A PTY LIMITED BUS DRIVERS (DUBBO) ENTERPRISE AGREEMENT 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wingham A Pty Limited T/A Dubbo Buslines. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Wingham A Pty Limited, trading as Dubbo Buslines, and concerns an application for the approval of the WINGHAM A PTY LIMITED BUS DRIVERS (DUBBO) ENTERPRISE AGREEMENT 2019. The application was brought before the Fair Work Commission (FWC) by the employer, seeking approval of the enterprise agreement. The union representing the drivers opposed the application, raising concerns over certain provisions of the agreement.

The legal issues before the FWC included whether the provisions of the enterprise agreement complied with the Fair Work Act 2009, particularly focusing on whether the agreement met the requirement of being in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment. The union argued that several provisions, including those relating to pay and working hours, did not meet the statutory requirements for approval.

In its decision, the FWC examined the provisions of the agreement in light of the statutory criteria. The Commission found that while some provisions required modification to better align with the legislative standards, others were acceptable. The FWC made specific modifications to the agreement to ensure compliance with the Fair Work Act, particularly in relation to the pay rates and working conditions. After these amendments, the FWC concluded that the modified agreement met the statutory requirements for approval and was in the best interests of the employees.

The FWC approved the modified enterprise agreement, subject to the changes made. The employer and the union were directed to give notice of the approved agreement to their respective members. The union was also directed to withdraw its objections to the application, and the agreement was to take effect from the date of the FWC’s decision.

Wingham A Pty Limited T/A Dubbo Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established