DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sita Holdings Pty Ltd T/A Kastoria Bus Lines; Broadmeadows Bus Service Pty Ltd
(AG2020/1683)

SITA HOLDINGS (KASTORIA BUS AND BROADMEADOWS BUS) ROUTE BUS DRIVERS ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER MCKINNON	MELBOURNE, 27 JULY 2020

Application for approval of the SITA HOLDINGS (Kastoria Bus and Broadmeadows Bus) Route Bus Drivers ENTERPRISE AGREEMENT 2020.

[1] Application has been made by single interest employers Sita Holdings Pty Ltd and Broadmeadows Bus Service Pty Ltd for approval of a single enterprise agreement known as the SITA HOLDINGS (Kastoria Bus and Broadmeadows Bus) Route Bus Drivers ENTERPRISE AGREEMENT 2020 (the Agreement).

[2] A written undertaking has been given by each employer in accordance with s.190 of the Act. A copy of each undertaking is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertaking referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2020. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Sita Holdings Pty Ltd, trading as Kastoria Bus Lines, and Broadmeadows Bus Service Pty Ltd, for approval of their Enterprise Agreement for the year 2020. The applicants sought to formalise the terms of employment for their bus drivers, including wages, working conditions, and dispute resolution mechanisms. The Commission was required to determine if the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for the minimum entitlements as outlined in the Act.

The primary legal issues before the Commission were whether the Enterprise Agreement complied with the Fair Work Act's requirements, including the provision of minimum entitlements to the employees. This involved examining if the proposed terms met the standards set by the relevant modern awards and if the agreement was negotiated in good faith. The Commission had to consider whether the agreement contained all the mandatory terms as required by the Act, and whether it was appropriate for the employees.

The Fair Work Commission determined that the Enterprise Agreement complied with the statutory requirements. The agreement provided for the minimum entitlements as per the applicable modern awards and demonstrated that it was negotiated in good faith. The Commission found that all the mandatory terms were included and that the agreement was appropriate for the employees. Consequently, the Commission approved the Enterprise Agreement, confirming that it met the necessary legal standards and was suitable for implementation.

The final order of the Commission was to approve the Sita Holdings (Kastoria Bus and Broadmeadows Bus) Route Bus Drivers Enterprise Agreement 2020, effective from the date of the decision. This approval ensures that the terms of employment for the bus drivers are legally binding and enforceable under the Fair Work Act.

Sita Holdings Pty Ltd T/A Kastoria Bus Lines; Broadmeadows Bus Service Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established