Australian Rail, Tram and Bus Industry Union v Busways Northern Beaches Pty Ltd (No 2) [2022] FCAFC 55 (07 April 2022) (Bromberg, Wheelahan and Snaden JJ)


Catchwords:


INDUSTRIAL LAW – enterprise agreements – greenfields agreements – Fair Work Commission approved greenfields agreement between respondents and Transport Workers’ Union – rival union appealed approval decision – Fair Work Commission Full Bench upheld approval – application for review of both Fair Work Commission decisions – whether Fair Work Commission had jurisdiction to approve proposed greenfields agreement – meaning of “genuine new enterprise” – whether respondents’ business “genuine new enterprise” – respondents’ enterprise not a “genuine new” enterprise – Fair Work Commission therefore lacked jurisdiction to approve agreement – appropriateness of prerogative relief – relief granted