DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REO Investments Pty Limited T/A Tamworth Buslines
(AG2020/4044)

REO INVESTMENTS PTY LIMITED BUS DRIVERS (TAMWORTH) ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 7 APRIL 2021

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

[1] An application has been made for approval of an enterprise agreement known as the REO Investments Pty Limited Bus Drivers (Tamworth) 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 the 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 case of REO Investments Pty Limited trading as Tamworth Buslines, the Fair Work Commission was presented with an application for the approval of the REO Investments Pty Limited Bus Drivers (Tamworth) Enterprise Agreement 2019. The applicant, REO Investments, sought approval of the enterprise agreement under section 231 of the Fair Work Act 2009, which requires that agreements be approved if they meet certain conditions, including that they provide for fair and reasonable terms and conditions. The dispute centred on whether the terms and conditions outlined in the agreement were fair and reasonable and met the criteria set out in the legislation.

The primary legal issue before the Commission was whether the proposed enterprise agreement provided for fair and reasonable terms and conditions for the employees. This involved examining various provisions within the agreement, such as those relating to wages, hours of work, leave entitlements, and other employment conditions. The Commission also considered submissions from both the applicant and the relevant union, as well as the potential impact of the agreement on the employees and the broader industry.

The Commission determined that the enterprise agreement provided for fair and reasonable terms and conditions for the employees. It found that the agreement contained provisions that adequately addressed the needs of both the employer and the employees, including provisions on wages, hours of work, and leave entitlements. The Commission also noted that the agreement had been negotiated in good faith and that there was no evidence to suggest that it would have an adverse effect on the employees or the industry. Based on these findings, the Commission approved the enterprise agreement under section 231 of the Fair Work Act 2009.

The Fair Work Commission approved the REO Investments Pty Limited Bus Drivers (Tamworth) Enterprise Agreement 2019, finding that it provided for fair and reasonable terms and conditions for the employees. The approval of the agreement allows it to come into effect and be binding on the parties involved. The decision underscores the importance of fair and reasonable terms in enterprise agreements and the role of the Commission in ensuring that such agreements meet the necessary legislative criteria.

REO Investments Pty Limited T/A Tamworth Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established