Mc Harrys Buslines Pty Ltd

[2022] FWCA 2809

[2022] FWCA 2809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mc Harrys Buslines Pty Ltd

(AG2022/3157)

McHarry's Buslines Pty Ltd Enterprise Agreement 2022-2024

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 17 AUGUST 2022

Application for approval of the McHarry’s Buslines Pty Ltd Enterprise Agreement 2022 - 2024

1. An application has been made for approval of an enterprise agreement known as the McHarry’s Buslines Pty Ltd Enterprise Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mc Harrys Buslines Pty Ltd. The Agreement is a single enterprise agreement.

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

1. Subject to the undertakings referred to above, 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. While employees were advised of the method of vote on 12 July 2022, they were not advised of the time and place of the vote until 14 July 2022, which was within the access period, with the vote taking place on 20 July 2022. I am satisfied this constitutes a minor procedural or technical error for the purpose of s.188(2)(a) and that the employees covered by the Agreement are not likely to be disadvantaged by the error.

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 24 August 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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<AE517065  PR744900>

Annexure A