Sita Coaches Pty Ltd T/A Sita Coaches

[2020] FWCA 3730

[2020] FWCA 3730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sita Coaches Pty Ltd T/A Sita Coaches
(AG2020/1855)

SITA COACHES (SCHOOL BUS EMPLOYEES) ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 16 JULY 2020

Application for approval of the Sita Coaches Pty Ltd (School Bus Employees) Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Sita Coaches (School Bus Employees) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sita Coaches Pty Ltd T/A Sita Coaches. The Agreement is a single enterprise agreement.

[1] The Agreement does not cover all of the employees of Sita Coaches, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[2] I observe that certain provisions within the Agreement (Clause 27.2.c – notice of absence and Clause 27.4.b – maximum of 16 working hours of unpaid carer’s leave where shifts can be up to 10 hours) appear to be inconsistent with the National Employment Standards (NES). However, noting Clause 5.5 of the Agreement, I am satisfied the more favourable entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[1] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[2] The Agreement is approved and, in accordance with s.54(1)(b), will operate from the first full pay period on or after 23 July 2020. The nominal expiry date of the Agreement is 17 July 2024.

DEPUTY PRESIDENT

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