DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Picton Buslines Pty Limited T/A Berrima Buslines
(AG2020/4023)

PICTON BUSLINES PTY LIMITED BUS DRIVERS (BERRIMA) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 1 FEBRUARY 2021

Application for approval of the PICTON BUSLINES Pty LIMITED BUS DRIVERS (BERRIMA) ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the PICTON BUSLINES Pty LIMITED BUS DRIVERS (BERRIMA) ENTERPRISE AGREEMENT 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Picton Buslines Pty Limited T/A Berrima Buslines. 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.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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Picton Buslines Pty Limited, trading as Berrima Buslines, who applied for approval of the 2019 Enterprise Agreement for its bus drivers. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 and adhered to the principles of the Fair Work System. The central concern was whether the agreement fairly reflected the balance of power between the employer and the employees, and if it provided appropriate protections for the employees' rights and interests.

The Commission carefully reviewed the terms and conditions outlined in the proposed Enterprise Agreement, assessing them against the statutory framework provided by the Fair Work Act. A key consideration was whether the agreement provided for minimum entitlements and whether it allowed for appropriate bargaining. The Commission also evaluated whether the agreement contained clauses that could potentially undermine the rights of the employees or the principles of the Fair Work System. The Commission gave significant weight to the views and submissions of both the employer and the employee representatives during the hearing.

After thorough deliberation, the Fair Work Commission approved the 2019 Enterprise Agreement. The Commission found that the agreement appropriately balanced the interests of both parties and met the legal requirements under the Fair Work Act. The decision noted that the agreement contained provisions for minimum entitlements and allowed for fair and genuine bargaining. The Commission concluded that the agreement would not undermine the rights of the employees or the principles of the Fair Work System.

Picton Buslines Pty Limited T/A Berrima Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established