Busways Blacktown Pty Ltd T/A Busways

[2017] FWCA 297

[2017] FWCA 297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways Blacktown Pty Ltd T/A Busways
(AG2016/7203)

BUSWAYS GROUP AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the Busways Group and the Transport Workers’ Union of Australia Fair Work Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Busways Group and the Transport Workers’ Union of Australia Fair Work Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Busways Blacktown Pty Ltd T/A Busways. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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Annexure A