Australia Wide Coaches Pty Ltd
[2023] FWCA 2385
•31 JULY 2023
| [2023] FWCA 2385 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australia Wide Coaches Pty Ltd
(AG2023/2413)
AUSTRALIA WIDE COACHES DRIVERS ENTERPRISE AGREEMENT 2023
| Passenger vehicle transport (non rail) industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 31 JULY 2023 |
Application for approval of the Australia Wide Coaches Drivers Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Australia Wide Coaches Drivers Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Australia Wide Coaches Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 1 May 2023 and the Agreement was made on 10 July 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement was approved on 31 July 2023 and, in accordance with s.54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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