Picton Buslines Pty Limited Summary

[2025] FWCA 2003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Picton Buslines Pty Limited

(AG2025/1775)

PICTON BUSLINES BUS DRIVERS ENTERPRISE AGREEMENT 2025

Passenger vehicle transport (non rail) industry
COMMISSIONER MCKINNON	SYDNEY, 17 JUNE 2025

Application for approval of the Picton Buslines Bus Drivers Enterprise Agreement 2025

Picton Buslines Pty Limited has applied for approval of a single enterprise agreement known as the Picton Buslines Bus Drivers Enterprise Agreement 2025 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 24 June 2025. The nominal expiry date of the Agreement is 24 June 2029.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Picton Buslines Pty Limited, the Fair Work Commission (FWC) considered an application for the approval of the Picton Buslines Bus Drivers Enterprise Agreement 2025. The agreement was made between Picton Buslines Pty Limited and the Australian Bus Drivers Union, representing the bus drivers employed by Picton Buslines. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in relation to its fairness and compliance with the relevant provisions of the Act.

The primary legal issues that the FWC had to decide involved assessing whether the agreement was genuinely negotiated, whether it contained the mandatory minimum terms and conditions, and whether it was fair and reasonable in all its aspects. Furthermore, the FWC needed to determine whether the agreement was consistent with the national system of industrial relations and whether it provided for the resolution of disputes in an efficient and timely manner.

The FWC concluded that the agreement was genuinely negotiated and contained the mandatory minimum terms and conditions as required by the Act. The FWC considered the evidence presented by both parties, including the negotiation process, the terms and conditions, and the context in which the agreement was made. The FWC found that the agreement was fair and reasonable in all its aspects, taking into account the economic and social circumstances of the parties and the wider community. The FWC also found that the agreement was consistent with the national system of industrial relations and provided for the resolution of disputes in an efficient and timely manner. Therefore, the FWC approved the Picton Buslines Bus Drivers Enterprise Agreement 2025.

Picton Buslines Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established