BTI Pty Ltd T/A SkyBus

[2019] FWCA 7928

[2019] FWCA 7928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BTI Pty Ltd T/A SkyBus
(AG2019/3666)

SKYBUS (VICTORIA) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the SkyBus (Victoria) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SkyBus (Victoria) Enterprise Agreement 2019 (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.

[2] The Employer did not notify relevant employees by the start of the access period of the time and place at which the vote would occur, and the voting method that would be used, in accordance with the requirements of s.180(3) of the Act. However, having regard to the written submissions provided by the Employer and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a) of the Act. Further, having regard to the content of the statutory declaration, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[3] 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.

[4] Subject to the undertakings, 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. The undertakings are taken to be terms of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2019. The nominal expiry date of the Agreement is 22 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

 1   [2019] FWCFB 318.