Surfside Buslines Pty Ltd T/A Surfside Buslines

[2019] FWCA 3876

[2019] FWCA 3876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surfside Buslines Pty Ltd T/A Surfside Buslines
(AG2019/1466)

SURFSIDE BUSLINES FLEET ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER JOHNS	SYDNEY, 11 JUNE 2019

Application for approval of the Surfside Buslines Fleet Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Surfside Buslines Fleet Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Surfside Buslines Pty Ltd T/A Surfside 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] Clause 30.5 provides for a range of deductions from an employee’s final pay. Although it presents no barrier to the Agreement being approved, it is possible that the clause does not fall within the scope of the permissible deductions outlined within s.324 of the Act. If that is correct, then the clause will have no effect pursuant to s.326(1) of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

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