Swan Hill Bus Lines Pty Ltd

[2019] FWCA 6295

[2019] FWCA 6295

FAIR WORK COMMISSION

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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