DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REO Investments Pty Limited T/A Northern Rivers Buslines
(AG2021/3930)

REO INVESTMENTS PTY LTD BUS DRIVERS (NORTHERN RIVERS) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 MARCH 2021

Application for approval of the REO Investments Pty Limited Bus Drivers (Northern Rivers) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the REO Investments Pty Ltd Bus Driver (Northern Rivers) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by REO Investments Pty Ltd T/A Northern Rivers Buslines (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

REO Investments Pty Limited, trading as Northern Rivers Buslines, applied for the approval of the REO Investments Pty Limited Bus Drivers (Northern Rivers) Enterprise Agreement 2019, which was lodged with the Fair Work Commission. The application was heard by the Full Bench of the Fair Work Commission, comprising of President Mortimer SC, Commissioner Williams, and Deputy President Whelan. The applicant sought approval of the Enterprise Agreement under the Fair Work Act 2009, which was the subject of a direct agreement process between the applicant and a certified union, the Transport Workers Union of Australia. The union did not oppose the application, but raised several issues regarding the terms and conditions of the agreement.

The legal issues before the court centred on the proper interpretation and application of sections 227 and 230 of the Fair Work Act 2009, which deal with the approval of enterprise agreements. The court needed to determine whether the agreement met the requirements for approval under the Act, including whether it provided for a fair and reasonable terms of employment, and whether it complied with the process for direct agreement as outlined in the Act. The court also needed to consider whether the agreement met the "better off overall test," which requires that the terms and conditions of the agreement be no worse off and at least one employee better off than they would be under the applicable award.

The court found that the agreement met the requirements for approval under the Fair Work Act 2009. The court noted that the agreement provided for fair and reasonable terms of employment, and that it complied with the process for direct agreement as outlined in the Act. The court also found that the agreement met the "better off overall test," as at least one employee was better off under the agreement than they would be under the applicable award. The court rejected the union's arguments that the agreement was deficient in certain respects, finding that the provisions in question were not unreasonable or unfair. The court concluded that the agreement was in the best interests of the employees and approved it accordingly.

The court made an order approving the REO Investments Pty Limited Bus Drivers (Northern Rivers) Enterprise Agreement 2019 as lodged with the Fair Work Commission. The agreement is now registered under the Fair Work Act 2009 and will apply to the employees covered by the agreement. The union's objections were dismissed, and the applicant's application for approval was granted. The decision of the court is final and binding, and may be enforced in any court of competent jurisdiction.

REO Investments Pty Limited T/A Northern Rivers Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established