DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buslines Group Pty Ltd T/A Bathurst Buslines
(AG2020/3661)

BUSLINES GROUP PTY LIMITED BUS DRIVERS (BATHURST) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 15 DECEMBER 2020

Application for approval of the BUSLINES GROUP PTY LIMITED BUS DRIVERS (BATHURST) ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the BUSLINES GROUP PTY LIMITED BUS DRIVERS (BATHURST) ENTERPRISE AGREEMENT 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buslines Group Pty Ltd T/A Bathurst Buslines. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Buslines Group Pty Ltd, trading as Bathurst Buslines, applied for approval of the Buslines Group Pty Ltd Bus Drivers (Bathurst) Enterprise Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement complied with the necessary provisions of the Fair Work Act 2009. The applicant, Buslines Group Pty Ltd, sought approval for the enterprise agreement which was to govern the employment conditions of bus drivers in Bathurst. The legal issues before the court involved whether the agreement met the formal requirements of the Fair Work Act and if it provided for the minimum terms and conditions of employment as stipulated by the Act.

The court examined whether the agreement was fairly negotiated, contained the required minimum terms and conditions, and was in compliance with the statutory framework. The applicant argued that the agreement had been fairly negotiated and contained all necessary terms, including those that met or exceeded the minimum standards prescribed by the Act. The court considered the evidence provided by the parties, including witness testimonies and documentation, to determine the fairness of the negotiation process and the comprehensiveness of the agreement's terms.

After reviewing the evidence and arguments presented, the Fair Work Commission found that the agreement was fairly negotiated and contained all the required minimum terms and conditions. The court approved the Buslines Group Pty Ltd Bus Drivers (Bathurst) Enterprise Agreement 2019, confirming its compliance with the Fair Work Act. The decision was made based on the satisfactory demonstration that the agreement met all necessary legal requirements and provided for fair and reasonable employment conditions. The court's approval was a critical step in formalising the employment terms for the bus drivers in Bathurst, ensuring that both the employer and employees had a clear understanding of their rights and obligations under the new agreement.

Buslines Group Pty Ltd T/A Bathurst Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established