Busways Blacktown Pty Ltd T/A Busways
[2022] FWCA 3695
•21 OCTOBER 2022
| [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
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