Busways Western Australia Pty Ltd

[2019] FWCA 7586

[2019] FWCA 7586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways Western Australia Pty Ltd
(AG2019/3462)

BUSWAYS WESTERN AUSTRALIA PTY LTD METROPOLITAN BUS DRIVERS ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER WILLIAMS	PERTH, 5 NOVEMBER 2019

Application for approval of the Busways Western Australia Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Busways Western Australia Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Busways Western Australia Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Transport Workers' Union of Australia (TWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the TWU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2019. The nominal expiry date of the Agreement is 4 November 2023.

Printed by authority of the Commonwealth Government Printer

<AE505987  PR713974>

Annexure A