Busways South Australia Pty Ltd

[2021] FWCA 6500

[2021] FWCA 6500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways South Australia Pty Ltd
(AG2021/7689)

BUSWAYS SA BUS DRIVERS ENTERPRISE AGREEMENT 2021

Passenger vehicle transport (non rail) industry
COMMISSIONER MATHESON	SYDNEY, 1 NOVEMBER 2021

Application for approval of the Busways SA Bus Drivers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Busways SA Bus Drivers Enterprise Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The name of the applicant stated in the ‘Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F16) and ‘Form 17 – Employers declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F17) was ‘Busways Group Pty Ltd’. The applicant subsequently sought corrections to the Form F16 and Form F17 to reflect the correct name of the applicant, being Busways South Australia Pty Ltd (Applicant), as stated in clause 6 of the Agreement. I allow the correction pursuant to s.586 of the Act.

[3] Attached to the Form F17 was a copy of the Notice of Employee Representational Rights (NERR). The NERR names the employer as ‘Busways Pty Ltd’ in error. This name is different to the name of the Applicant and employer named in the Agreement.  On 14 October 2021, the Commission sought submissions regarding the impact of the difference in employer name. The Applicant made submissions addressing the error.

[4] Having regard to all the material before the Commission, I am satisfied that the difference in the name of the employer as described in the NERR did not prevent the Agreement from being genuinely agreed to and that employees covered by the Agreement were not likely to have been disadvantaged by this difference.

[5] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). 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.

[6] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[7] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[8] 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) of the Act, I note that the Agreement covers the organisations.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2021. The nominal expiry date of the Agreement is the date being four years from the date of approval.

COMMISSIONER

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Annexure A