DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buslines Group Pty Ltd T/A Ulladulla Buslines
(AG2020/1084)

BUSLINES GROUP BUS DRIVERS ULLADULLA ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 MAY 2020

Application for approval of the Buslines Group Bus Drivers Ulladulla Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Buslines Group Bus Drivers Ulladulla Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 May 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Buslines Group Pty Ltd, trading as Ulladulla Buslines, sought approval for the Buslines Group Bus Drivers Ulladulla Enterprise Agreement 2019. The dispute was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was made in good faith and whether it contained the minimum terms and conditions mandated by the Fair Work Act. Additionally, the Commission considered whether the agreement appropriately facilitated the efficient operation of the bus services, including the management of changes in the industry.

The Commission found that the agreement was made in good faith and contained the required minimum terms and conditions. The provisions addressed the efficient operation of the bus services, including the flexibility needed to manage changes within the industry. The Commission emphasised the importance of the agreement's provisions on wages, hours, and conditions, which were deemed to be fair and reasonable. Consequently, the Commission approved the agreement.

The final order of the Commission was the approval of the Buslines Group Bus Drivers Ulladulla Enterprise Agreement 2019, subject to its terms and conditions as outlined in the decision. This approval was effective from the date of the Commission's decision, allowing the agreement to govern the employment relationship between Buslines Group Pty Ltd and its bus drivers.

Buslines Group Pty Ltd T/A Ulladulla Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established