DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REO Investments Pty Ltd T/A Ballina Buslines
(AG2021/3929)

REO INVESTMENTS PTY LTD BUS DRIVERS (BALLINA) ENTERPRISE AGREEMENT 2019

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

Application for approval of the REO Investments Pty Ltd Bus Driver (Ballina) 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 (Ballina) 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 Ballina 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

The case involved REO Investments Pty Ltd, trading as Ballina Buslines, which applied for the approval of the REO Investments Pty Ltd Bus Driver (Ballina) Enterprise Agreement 2019. The application was heard by the Fair Work Commission, with the employer represented by legal counsel and the employees by their union. The dispute centred on whether the terms of the proposed enterprise agreement were fair and appropriate for the employees, in accordance with the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for the fair remuneration of employees, their working conditions, and whether it complied with the relevant provisions of the Fair Work Act. The Commission needed to consider if the agreement met the "better off overall test," which ensures that employees are not worse off financially and have reasonable working conditions. The employer argued that the proposed agreement was fair and necessary for the business's operational efficiency, while the employees' representative contended that certain terms of the agreement were inadequate and did not sufficiently protect employee rights.

The Fair Work Commission carefully examined the terms of the proposed agreement and the submissions made by both parties. The Commission found that the proposed enterprise agreement did meet the better off overall test, as it provided employees with fair remuneration and reasonable working conditions. The Commission also noted the employer's arguments regarding the need for certain terms to ensure operational efficiency and the employees' concerns about specific provisions. Ultimately, the Commission determined that the proposed agreement was fair and approved it, considering it balanced the needs of both the employer and employees.

The Fair Work Commission's decision was that the REO Investments Pty Ltd Bus Driver (Ballina) Enterprise Agreement 2019 was approved and could be registered with the Fair Work Commission. This approval ensures that the terms of the agreement are legally binding on both the employer and employees, providing a fair and reasonable framework for their working relationship.

REO Investments Pty Ltd T/A Ballina Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established