Busways North West Pty Ltd T/A Busways Summary

[2021] FWCA 6289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways North West Pty Ltd T/A Busways
(AG2021/7660)

BUSWAYS DRIVER/MENTOR ENTERPRISE AGREEMENT 2021

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 OCTOBER 2021

Application for approval of the Busways Driver/Mentor Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Busways Driver/Mentor Enterprise Agreement 2021 (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] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] 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.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 November 2021. The nominal expiry date of the Agreement is 13 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Busways North West Pty Ltd, trading as Busways, applied to the Fair Work Commission for approval of the Busways Driver/Mentor Enterprise Agreement 2021. The dispute involved the terms of the enterprise agreement, including wages, working conditions, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it provided a safety net for the employees. The Commission needed to assess if the agreement included all mandatory terms and conditions, was free from any unfair content, and met the genuine agreement test. Additionally, the Commission had to consider whether the agreement provided adequate protections and benefits to the employees.

The Fair Work Commission found that the agreement did comply with the statutory requirements. The Commission noted that the agreement contained all mandatory terms and conditions, was free from any unfair content, and met the genuine agreement test. The Commission also determined that the agreement provided adequate protections and benefits to the employees, thereby meeting the safety net test. The Commission approved the agreement based on these findings.

The Fair Work Commission approved the Busways Driver/Mentor Enterprise Agreement 2021, effective from the date of the decision. The Commission ordered that the agreement be registered and published in accordance with the Fair Work Act 2009.

Busways North West Pty Ltd T/A Busways

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established