LC DYSONS & DYSONS MZF DRIVER ENTERPRISE AGREEMENT 2025 - 2028

Application for approval of the LC Dysons & Dysons MZF Driver Enterprise Agreement 2025 - 2028

[1] An application has been made for approval of an enterprise agreement known as the

LC Dysons & Dysons MZF Driver Enterprise Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by LC Dysons Bus Services Pty Ltd (Dysons). The Agreement is a single enterprise agreement

[2] The F17B Declaration filed in support of Dyson's application indicated that there were 929 employees covered by the agreement at the time of the vote, 839 employees cast a valid vote and 425 voted to approve the agreement. It also indicated that 285 of those employees were casual employees. Taking into account the decision of the Full Bench in Appeal by Kmart Australia Limited & Ors[1] I was concerned that if employees voted in the ballot who were not eligible to vote the outcome may have been affected. In answer to those concerns, Dysons confirmed that all of the casual employees who participated in the vote were eligible to do so, having been rostered to work during the access period. On this basis, I am satisfied that only those employees who were eligible to vote participated in the vote and its outcome was not affected by the inclusion of ineligible employees.

[3] Several concerns were raised in relation to whether the agreement satisfied the requirements of ss 186(2)(d) and 205 of the Act. Further information was provided in relation to those concerns and on the basis of that information 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 (TWU) being a bargaining representative for the Agreement, were afforded the opportunity to comment on the response provided on behalf of Dysons in relation to the issues identified by the Commission relating to the application, but did not do so. TWU has given notice under s 183 of the Act that it wants the Agreement to cover it and, in accordance with s 201(2) I note that the Agreement covers the TWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

[1] [2019] FWCFB 7599

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