Pearce Omnibus Pty Ltd

[2013] FWCA 9032

[2013] FWCA 9032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pearce Omnibus Pty Ltd
(AG2013/9905)

PEARCE OMNIBUS PTY. LTD. AND TRANSPORT WORKERS’ UNION OF AUSTRALIA BUS DRIVERS FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
COMMISSIONER ROBERTS	SYDNEY, 18 NOVEMBER 2013

Application for approval of the Pearce Omnibus Pty. Ltd. and Transport Workers’ Union of Australia Bus Drivers Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Pearce Omnibus Pty. Ltd. and Transport Workers’ Union of Australia Bus Drivers Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pearce Omnibus Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 12 November 2013 an undertaking was provided by the Company’s Managing Director, Mr K Hussain, in relation to clause 32 (Major change and consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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Annexure A