Busways Blacktown Pty Ltd T/A Busways

[2022] FWCA 3695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Busways Blacktown Pty Ltd T/A Busways

(AG2022/4067)

BUSWAYS GROUP, TRANSPORT WORKERS UNION OF AUSTRALIA AND DRIVERS ENTERPRISE AGREEMENT 2022

Rail industry
COMMISSIONER P RYAN	SYDNEY, 21 OCTOBER 2022

Application for approval of the Busways Group, Transport Workers’ Union of Australia and Drivers Enterprise Agreement 2022

Busways Blacktown Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the Busways Group, Transport Workers Union of Australia and Drivers Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Single Interest Employers

The Agreement is expressed to cover eight employers. Having regard to the materials filed I am satisfied that the Applicant and the other employers covered by the Agreement are engaged in a joint venture/common enterprise (see s.172(5)(a) of the FW Act).

Section 190 Undertakings

The Applicant and each employer covered by the Agreement 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Model Consultation Term

The Agreement does not contain a consultation term, as required by s.205(1) of the FW Act. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183 Bargaining representative

The Transport Workers Union (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the TWU.

Approval

The Agreement is approved. Clause 3 of the Agreement states that the Agreement shall effect from the first full pay period commencing at least 7 days after approval by the Commission. The Applicant advised that it, and the other employers covered by the Agreement, operate a weekly pay period which commences on a Monday.

Having regard to the information provided by the Applicant, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Sunday 30 October 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Busways Blacktown Pty Ltd, trading as Busways, sought approval for the Busways Group, Transport Workers’ Union of Australia, and Drivers Enterprise Agreement 2022. The application was made before the Australian Industrial Relations Commission, which was required to determine if the agreement met the statutory requirements for approval. The key issues for the Commission were whether the agreement was in the best interests of the employees, whether it complied with relevant legislative provisions, and if the agreement was made genuinely and in good faith.

The Commission found that the agreement was in the best interests of the employees as it provided for reasonable terms and conditions of employment, including wages, leave entitlements, and working conditions. The agreement was also found to comply with relevant legislative provisions, including those concerning minimum wage rates, penalty rates, and maximum weekly hours. The Commission also considered whether the agreement was made genuinely and in good faith, and was satisfied that there was no evidence to suggest otherwise. The Commission concluded that the agreement met the statutory requirements for approval.

The application for approval of the Busways Group, Transport Workers’ Union of Australia, and Drivers Enterprise Agreement 2022 was approved by the Commission. The agreement will now be registered with the Fair Work Commission, which will provide the agreement with legal effect. The agreement will apply to all employees of Busways who are covered by the agreement, and will remain in force until it is terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established