DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buslines Group Pty Limited T/A Dubbo Buslines
(AG2015/6825)

BUSLINES GROUP BUS DRIVERS (DUBBO) ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER ROBERTS	HOBART, 18 DECEMBER 2015

Application for approval of the Buslines Group Bus Drivers (Dubbo) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Buslines Group Bus Drivers (Dubbo) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Buslines Group Pty Limited T/A Dubbo Buslines (the Company). The Agreement is a single-enterprise agreement.

[2] On 17 December 2015 an undertaking was provided by the Company in relation to clause 28 (Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Buslines Group Pty Limited, trading as Dubbo Buslines, applied for approval of the Buslines Group Bus Drivers (Dubbo) Enterprise Agreement 2015. The application was heard in the Fair Work Commission, the industrial relations tribunal for Australia. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement complied with the procedural requirements set out in the Fair Work Act and whether it met the 'better off overall test'. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The court examined the submissions and evidence provided by both parties, focusing on the fairness and practicality of the agreement.

After reviewing the evidence, the Fair Work Commission found that the application met the legal standards for approval. The commission noted that the agreement was fair and reasonable, providing for better terms and conditions for the employees. The court approved the enterprise agreement, allowing it to come into effect on the specified date.

The final orders included the approval of the Buslines Group Bus Drivers (Dubbo) Enterprise Agreement 2015 and the publication of the decision to inform all relevant parties of the outcome.

Buslines Group Pty Limited T/A Dubbo Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established