BTI PTY LTD T/A Skybus
[2023] FWCA 1584
•1 JUNE 2023
| [2023] FWCA 1584 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
BTI PTY LTD T/A Skybus
(AG2023/1390)
SKYBUS (VICTORIA) ENTERPRISE AGREEMENT 2023
| Passenger vehicle transport (non rail) industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 1 JUNE 2023 |
Application for approval of the SkyBus (Victoria) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the SkyBus (Victoria) Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by BTI Pty Ltd T/A SkyBus (Employer). The Agreement is a single-enterprise agreement.
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.
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.
I observe that clause 45.1 may be inconsistent with the National Employment Standards (NES). Clause 45.1 provides that paid family and domestic violence leave will be provided pursuant to the Employer’s policy, which does not form part of the Agreement and may change at the Employer’s discretion. It therefore cannot be determined if the family and domestic violence leave provisions are compliant with s 106A of the Act. However, noting clause 23.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 June 2023. The nominal expiry date of the Agreement is 1 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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