Hornibrook Bus Lines Pty Ltd

[2013] FWCA 3699

[2013] FWCA 3699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hornibrook Bus Lines Pty Ltd
(AG2013/1126)

HORNIBROOK BUS LINES ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 11 JUNE 2013

Application for approval of the Hornibrook Bus Lines Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hornibrook Bus Lines Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hornibrook Bus Lines Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] On 30 May 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] I note the concern of the TWU in relation to clause 36(a)(vii) of the Agreement. I do not consider this clause is prima facie an unlawful term. However I note that by virtue of s.253(1)(b) of the Act, an unlawful term has no legal effect.

[6] The Agreement is approved and, in accordance with s.54, will operate from 18 June 2013. The nominal expiry date of the Agreement is 26 February 2016.

DEPUTY PRESIDENT

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