DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REO Investments Pty Limited T/A Wingham Buslines
(AG2020/3449)

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

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 7 DECEMBER 2020

Application for approval of the REO Investments PTY LIMITED BUS DRIVERS (Wingham) ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the REO Investments PTY LIMITED BUS DRIVERS (Wingham) 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 REO Investments Pty Limited T/A Wingham Buslines. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2020. 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

The applicant, REO Investments Pty Limited trading as Wingham Buslines, sought approval of an enterprise agreement with its bus drivers. The matter was heard in the Fair Work Commission. The dispute centred on whether the enterprise agreement in question complied with the relevant legislative provisions and whether it should be approved and registered. The legal issues before the Commission included whether the agreement provided for a fair and reasonable outcome for the employees, and whether it complied with the mandatory requirements of the Fair Work Act 2009.

The Fair Work Commission found that the enterprise agreement provided a fair and reasonable outcome for the bus drivers. The Commission noted that the agreement provided for several improvements in pay and conditions for the drivers, including a wage increase and enhanced leave provisions. The Commission was also satisfied that the agreement complied with the mandatory requirements of the Fair Work Act, including the provisions relating to good faith bargaining and the protection of employees' rights. The Commission concluded that the agreement was in the best interests of the employees and should be approved and registered.

The Fair Work Commission approved and registered the REO Investments PTY LIMITED BUS DRIVERS (Wingham) ENTERPRISE AGREEMENT 2019. The Commission ordered that the agreement be registered from the date of the decision and that it would remain in force until the earlier of the date on which it is terminated in accordance with its terms or the date on which a new enterprise agreement is registered in its place. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

REO Investments Pty Limited T/A Wingham Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established