B & E Blanch Pty Ltd T/A Blanch’s Bus Company

[2021] FWCA 804

[2021] FWCA 804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B & E Blanch Pty Ltd T/A Blanch’s Bus Company
(AG2020/4212)

CDC BLANCH’S EMPLOYEES AGREEMENT 2021

Passenger vehicle transport (non-rail) industry
COMMISSIONER WILSON	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the CDC Blanch’s Employees Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the CDC Blanch’s Employees Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B & E Blanch Pty Ltd T/A Blanch’s Bus Company. 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] On 5 February 2021, the Applicant filed an amended signature page providing the employee representatives authority to sign the Agreement. I am satisfied that the correction to the signature page should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

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Annexure A