DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Picton Buslines Pty Limited T/A Picton Buslines
(AG2020/4033)

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

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 7 APRIL 2021

Application for approval of the Picton Buslines Pty Limited Bus Drivers (Picton) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Picton Buslines Pty Limited Bus Drivers (Picton) 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 Australian Passenger Transport Industrial Association. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked “Annexure A.” I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement was approved on 7 April 2021 and, in accordance with s.54 of the Act, will operate from 14 April 2021. The nominal expiry date of the Agreement is 30 June 2033.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Picton Buslines Pty Limited T/A Picton Buslines applied for the approval of the Picton Buslines Pty Limited Bus Drivers (Picton) Enterprise Agreement 2019. The dispute centred on whether the terms and conditions outlined in the proposed agreement complied with the Fair Work Act 2009 and other relevant legislation, including provisions on minimum wages and entitlements. The application was heard by the Commission, which needed to assess the fairness of the agreement in light of statutory requirements and broader labour market standards.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements for minimum pay rates and conditions, as well as whether it ensured fairness for employees. The Commission also had to consider if the agreement allowed for appropriate workplace flexibility and dispute resolution mechanisms. Additionally, the Commission examined whether the agreement provided adequate safeguards for employees' rights and protections as prescribed by the Fair Work Act.

The Commission found that the proposed enterprise agreement did meet the statutory requirements for minimum wages and conditions. The agreement provided for fair and reasonable terms and conditions of employment, ensuring that employees were not disadvantaged. The Commission also noted that the agreement included provisions for appropriate workplace flexibility and dispute resolution, which were considered adequate. The Commission concluded that the agreement was fair and reasonable, and approved the application for the agreement's registration.

The Fair Work Commission approved the Picton Buslines Pty Limited Bus Drivers (Picton) Enterprise Agreement 2019, and it was registered on the date of the decision. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally compliant and fair.

Picton Buslines Pty Limited T/A Picton Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established