Kenbus Pty Ltd t/a Kennedys Bus and Coach Summary

[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

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.

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.”

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).

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

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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Kenbus Pty Ltd, trading as Kennedys Bus and Coach, was involved in a dispute concerning the approval of the Kennedys Bus and Coach Drivers Enterprise Agreement 2024. The applicant, representing the employer, sought the Commission's approval of the enterprise agreement, which outlined the terms and conditions of employment for the drivers. The respondent, representing the drivers, contested certain provisions of the agreement, arguing that they did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the contested provisions of the enterprise agreement complied with the Act, specifically focusing on the provisions related to pay rates, working conditions, and dispute resolution mechanisms. The Commission needed to assess whether these provisions were fair and reasonable, taking into account the principles of good faith bargaining, procedural fairness, and the overall balance of the agreement.

After carefully considering the submissions from both parties and the relevant legal principles, the Commission determined that the contested provisions of the enterprise agreement did not meet the statutory requirements. The Commission found that the pay rates and working conditions proposed in the agreement were not sufficiently fair and reasonable, and the dispute resolution mechanisms were inadequate. Consequently, the Commission refused to approve the contested provisions of the enterprise agreement.

The Commission ordered that the applicant revise the contested provisions of the agreement to address the identified issues. The revised agreement must be resubmitted to the Commission for approval once the changes have been made. The Commission emphasised the importance of ensuring that any revised agreement complies with the statutory requirements and reflects a fair and reasonable balance of interests between the employer and the employees.

Kenbus Pty Ltd t/a Kennedys Bus and Coach

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established