Ryan Bros. Bus Service Pty Ltd t/a Ryan’s Bus Service

[2020] FWCA 3807

[2020] FWCA 3807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ryan Bros. Bus Service Pty Ltd t/a Ryan’s Bus Service
(AG2020/1831)

RYAN BROS BUS SERVICE ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 21 JULY 2020

Application for approval of the RYAN BROS BUS SERVICE ENTERPRISE AGREEMENT 2020.

[1] Ryan’s Bus Service has applied for approval of a single enterprise agreement known as the RYAN BROS BUS SERVICE ENTERPRISE AGREEMENT 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, further information was sought about the relationship between the two employers to be covered by the Agreement. The Applicant provided further information to address this concern and the bargaining representatives were afforded the opportunity to provide any further views.

[3] On the further information provided I am satisfied that the Agreement has been made by two employers that are single interest employers within the meaning of s.172(5).

[4] Noting clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[6] The Agreement was approved on 21 July 2020 and, in accordance with s.54, will operate from 28 July 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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