DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swan Hill Bus Lines Pty Ltd
(AG2019/1904)

SWAN HILL BUS LINES (VICTORIA) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER YILMAZ	MELBOURNE, 10 SEPTEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Swan Hill Bus Lines (Victoria) 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 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.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 14 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

Swan Hill Bus Lines Pty Ltd is the applicant, seeking approval for the Swan Hill Bus Lines (Victoria) Enterprise Agreement 2019. The application was heard in the Fair Work Commission. The primary dispute revolves around the approval of the enterprise agreement and the associated terms and conditions of employment. The legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions for pay rates, allowances, and other employment terms. The court had to determine if the agreement met the statutory criteria for approval, including ensuring it provided a safety net of minimum entitlements and did not unfairly discriminate against any group of employees.

The Fair Work Commission examined the agreement in light of the statutory framework and existing industrial instruments. It assessed whether the agreement provided for fair and reasonable terms and conditions, including pay rates, allowances, and other entitlements. The court found that the agreement met the necessary criteria, as it did not undercut the minimum standards set by the relevant awards and provided for fair and reasonable terms for the employees. The commission also considered the views and submissions from the parties involved, including the views of the employees represented by their union. The commission concluded that the agreement was fair and reasonable, providing adequate protection for the employees while also being in line with the broader objectives of the Fair Work Act.

In approving the Swan Hill Bus Lines (Victoria) Enterprise Agreement 2019, the Fair Work Commission determined that the agreement was fair and reasonable, and met the statutory criteria for approval. The commission acknowledged the agreement's provisions for pay rates, allowances, and other terms of employment, and its alignment with the objectives of the Fair Work Act. The final orders of the commission included the approval of the enterprise agreement, which would now form the basis of the employment terms for the employees covered by the agreement.

Swan Hill Bus Lines 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