DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wingham A Pty Ltd T/A Orange Buslines
(AG2020/3744)

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

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 14 JANUARY 2021

Application for approval of the Wingham A Pty Limited Bus Drivers (Orange) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wingham A Pty Limited Bus Drivers (Orange) 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 Ltd T/A Orange Buslines. 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wingham A Pty Ltd T/A Orange Buslines is the subject of an application for approval of the Wingham A Pty Limited Bus Drivers (Orange) Enterprise Agreement 2019. The applicant, Wingham A Pty Ltd, sought the approval of the Fair Work Commission (FWC) for the proposed enterprise agreement. The application involved various stakeholders, including the company, its employees, and the relevant unions.

The legal issues before the FWC centred on whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it was appropriately certified, and whether it contained any unfair content. The FWC also needed to determine if the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees.

The FWC found that the application was made in good faith and that the agreement was appropriately certified. The commission reviewed the content of the agreement and considered whether it contained any unfair provisions. The FWC determined that, while some aspects of the agreement could be improved, the overall agreement did not contain unfair content. The FWC also found that the agreement provided for a fair and reasonable process for resolving disputes.

The FWC approved the Wingham A Pty Limited Bus Drivers (Orange) Enterprise Agreement 2019, subject to certain conditions. These conditions were designed to address the identified areas for improvement and ensure that the agreement continued to meet the requirements of the Fair Work Act 2009. The approval of the agreement was contingent upon the implementation of these conditions within a specified timeframe.

Wingham A Pty Ltd T/A Orange Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established