Hurstbridge Bus & Coach Pty Ltd T/A Panorama Coaches

[2022] FWCA 1394

[2022] FWCA 1394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hurstbridge Bus & Coach Pty Ltd T/A Panorama Coaches

(AG2022/1070)

Panorama Coaches Enterprise Agreement 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 APRIL 2022

Application for approval of the Panorama Coaches Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Panorama Coaches Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Hurstbridge Bus & Coach Pty Ltd trading as Panorama Coaches (Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, 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.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•          Clause 12.3(e) and clause 7 which deal with casual conversion;

•Clauses 29.1(c), 29.1(d) and 29.3 concerning the provision of evidence in support of taking personal leave;

•          Clause 29.2(a) which deals with the notification of absence for sick leave; and

•          Clause 29.2(b) regarding the notification of absence for carer’s leave.

1. The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b) of the Act, I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

1. 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 May 2022. The nominal expiry date of the Agreement is 4 May 2026.

DEPUTY PRESIDENT

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Annexure A