Metro Tasmania Pty Ltd T/A Metro

[2020] FWCA 4663

[2020] FWCA 4663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Tasmania Pty Ltd T/A Metro
(AG2020/1944)

METRO TASMANIA BUS OPERATORS ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 SEPTEMBER 2020

Application for approval of the Metro Tasmania Bus Operators Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Metro Tasmania Bus Operators Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Tasmania Pty Ltd T/A Metro. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I note that Clauses 29.5, 32, 12.2(b) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7(b) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[7] The Notice of Representational Rights (Notice) provided with the Application contained the incorrect Agreement title, specifically, the title in the Notice contained the date of ‘2018’ whilst the Agreement title contained ‘2020’. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[8] The Australian Rail Tram and Bus Industry Union (RTBU) 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2020. The nominal expiry date of the Agreement is 16 September 2024.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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