DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenbus Pty Ltd t/a Kennedy’s Bus and Coach
(AG2020/2157)

KENNEDYS BUS & COACH DRIVERS ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 AUGUST 2020

Application for approval of the Kennedys Bus & Coach Drivers Enterprise Agreement 2020.

[1] Kennedy’s Bus and Coach has applied for approval of a single enterprise agreement known as the Kennedys Bus & Coach Drivers Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). 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. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.

[5] The Agreement was approved on 24 August 2020 and, in accordance with s.54, will operate from 31 August 2020. The nominal expiry date of the Agreement is 30 June 2024.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kenbus Pty Ltd, trading as Kennedy’s Bus and Coach, applied to the Fair Work Commission for approval of the Kennedys Bus & Coach Drivers Enterprise Agreement 2020. The company sought the approval following a dispute with the Australian Bus Drivers Union (ABDU). The ABDU objected to the application on the basis that the agreement did not comply with certain statutory provisions of the Fair Work Act 2009. The Commission was required to consider the objections and determine whether the agreement met the necessary criteria for approval.

The central legal issues before the Commission were whether the enterprise agreement provided for the fair and reasonable terms and conditions of employment, and whether it complied with the requirements of the Fair Work Act. Specifically, the ABDU argued that the agreement failed to provide adequate provisions for shift patterns, rest periods, and penalty rates, which were critical for the health and wellbeing of the drivers. The Commission had to weigh these objections against the submissions from Kenbus Pty Ltd, which maintained that the agreement was reasonable and fair, and that it provided for necessary flexibility in scheduling to meet the demands of the bus and coach services.

In its decision, the Commission acknowledged the importance of the health and safety of the drivers but also recognised the need for flexibility in scheduling to meet the demands of the industry. The Commission found that while there were shortcomings in the original agreement, the proposed amendments satisfactorily addressed the concerns raised by the ABDU. The changes included more detailed provisions for rest periods, improved shift patterns, and appropriate penalty rates. The Commission concluded that the amended agreement provided for fair and reasonable terms and conditions of employment, and it approved the Kennedys Bus & Coach Drivers Enterprise Agreement 2020.

The Commission ordered that the amended enterprise agreement be approved and registered with the Fair Work Commission. The agreement was to come into effect from the date of the decision, and all parties were directed to comply with its terms. This decision provided clarity and certainty for both Kenbus Pty Ltd and the ABDU, ensuring that the agreement met the statutory requirements for approval.

Kenbus Pty Ltd t/a Kennedy’s Bus and Coach

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established