Organ’s Bus Service Pty Ltd T/A Organ’s Coaches Kyneton

[2019] FWCA 1113

[2019] FWCA 1113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Organ’s Bus Service Pty Ltd T/A Organ’s Coaches Kyneton
(AG2018/3115)

ORGAN'S BUS SERVICE PTY. LTD. ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Organ's Bus Service Pty. Ltd. Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Organ’s Bus Service Pty. Ltd. Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Organ’s Bus Service Pty Ltd T/A Organ’s Coaches Kyneton. 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.

[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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] I note that Clauses 13.1 and 27.2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 19.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A