Driver Group Australia Pty Ltd T/A Driver Bus Lines, Driver Coastal, Gray Line
[2022] FWCA 464
•11 FEBRUARY 2022
| [2022] FWCA 464 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Driver Group Australia Pty Ltd T/A Driver Bus Lines, Driver Coastal, Gray Line
(AG2021/9329)
Driver Group Australia Drivers Enterprise Agreement 2022
| Passenger vehicle transport (non rail) industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 11 FEBRUARY 2022 |
Application for approval of the Driver Group Australia Drivers Enterprise Agreement 2022
Driver Group Australia Pty Ltd has applied for approval of an enterprise agreement known as the Driver Group Australia Drivers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 11.5 – Sick Leave; and
· Clause 18.2 – Notice of Termination by Employee.
However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54(1)(b) of the Act, will operate on and from 14 March 2022, being the third pay period to commence from the date of approval. The nominal expiry date of the Agreement is 10 February 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE514930 PR738282>
Annexure A
0
0
0