RedBus CDC Pty Ltd

[2025] FWCA 2068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

RedBus CDC Pty Ltd

(AG2025/1695)

REDBUS CDC NSW OUTER REGION 7 ENTERPRISE AGREEMENT 2025

Public passenger transportation services industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 JUNE 2025

Application for approval of the RedBus CDC NSW Outer Region 7 Enterprise Agreement 2025

Introduction

RedBus CDC Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the RedBus CDC NSW Outer Region 7 Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Transport Works Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the TWU.

Approval

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 July 2025. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the RedBus CDC NSW Outer Region 7 Enterprise Agreement 2025. The parties involved were the RedBus CDC and its employees. The application was brought before the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The nature of the dispute was whether the proposed agreement met the legal criteria for approval and if it was in the best interests of the employees.

The central legal issues the court needed to decide included whether the agreement met the procedural requirements set out in the Fair Work Act and whether it complied with the substantive provisions, including the "better off overall test" (BOOT). This test requires that the agreement must not be less favourable to employees than the applicable award or the general industrial law. Additionally, the court examined whether the agreement provided fair and appropriate protections for employees, including provisions for minimum wages, working conditions, and dispute resolution mechanisms.

In its reasoning, the Fair Work Commission examined the agreement clause by clause, ensuring it met all procedural and substantive legal requirements. The Commission found that the agreement was appropriately negotiated and contained all necessary procedural safeguards. It also determined that the agreement satisfied the BOOT, as it provided for fair wages and conditions that were not less favourable than those provided by the applicable award or general industrial law. The agreement was found to be in the best interests of the employees, offering them fair and appropriate protections. Consequently, the Commission approved the RedBus CDC NSW Outer Region 7 Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established