Kenbus Pty Ltd t/a Kennedys Bus and Coach

Case

[2025] FWCA 181

17 JANUARY 2025


[2025] FWCA 181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kenbus Pty Ltd t/a Kennedys Bus and Coach

(AG2024/4882)

KENNEDYS BUS & COACH DRIVERS ENTERPRISE AGREEMENT 2024

Passenger vehicle transport (non-rail) industry

DEPUTY PRESIDENT ROBERTS

SYDNEY, 17 JANUARY 2025

Application for approval of the Kennedys Bus and Coach Drivers Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Kennedys Bus and Coach Drivers Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kenbus Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. I note that Clause 4(f) of the Agreement provides that:

“The NES shall apply to this agreement and shall apply to this agreement and will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.”

  1. The above-mentioned clause addresses any concerns that may arise in relation to potential inconsistencies between the terms of the Agreement, including clauses 23(d) and 26(c), and the National Employment Standards (NES).

  1. I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.


DEPUTY PRESIDENT
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