Swan Hill Bus Lines Pty Ltd

[2019] FWCA 6603

[2019] FWCA 6603

FAIR WORK COMMISSION

DECISION

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

Swan Hill Bus Lines Pty Ltd
(AG2019/1906)

SWAN HILL BUS LINES (SA) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER YILMAZ	MELBOURNE, 23 SEPTEMBER 2019

Application for approval of the Swan Hill Bus Lines (SA) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Swan Hill Bus Lines (SA) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swan Hill Bus Lines Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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 a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The employer did not allow for 7 clear days between notification and the date the vote took place. Pursuant to s. 188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s. 180(3). I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30  September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE505417  PR712674>

Annexure A