Buslines Group Pty Ltd

[2016] FWCA 1585

[2016] FWCA 1585

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Buslines Group Pty Ltd T/A Griffith Buslines

(AG2016/377)

BUSLINES GROUP BUS DRIVERS (GRIFFITH) ENTERPRISE

AGREEMENT 2015

Passenger vehicle transport (non rail) industry

DEPUTY PRESIDENT BULL	SYDNEY, 15 MARCH 2016
Buslines Group Bus Drivers (Griffith) Enterprise Agreement 2015

[1]        An application has been made by Buslines Group Pty Ltd (the applicant) for the

approval of an enterprise agreement known as the Buslines Group Bus Drivers (Griffith)

Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of

the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2]        The Agreement covers employees engaged by the employer engaged as passenger

vehicle drivers within the applicant’s Griffith depot. As per s.186(3) of the Act, I am satisfied

that the group of employees covered by the Agreement was fairly chosen based on the

operational and geographical distinction of the employees.

Better Off Overall Test

[3]        The Passenger Vehicle Transportation Award 2010 (the Award) is the relevant

reference instrument with respect to the better off overall test (BOOT) as required under s.186

of the Act. The rates of pay under the Agreement are significantly higher than the

corresponding minimum rates of pay under the Award, and the overtime provisions under the

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Agreement are greater than the Award	.
Approval

[4]        Taking into account the greater entitlements conferred under the Agreement when

compared to the Award, I am satisfied that the Agreement results in employees being better

off under the Agreement.
[2016] FWCA 1585

[5]        I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are

relevant to this application for approval have been met.

[6]        The Agreement is approved. In accordance with s.54(1), the Agreement will operate

from 22 March 2016. The nominal expiry date of the Agreement is 30 June 2019.

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Overtime penalties are applicable after 2 hours of overtime under the Agreement compared to being applicable after 3

hours of overtime under the Award

DEPUTY PRESIDENT

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