Transit Australia Pty Ltd
[2022] FWCA 1421
•27 APRIL 2022
| [2022] FWCA 1421 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Transit Australia Pty Ltd
(AG2022/924)
Sunshine Coast Sunbus Enterprise Agreement 2020
| Passenger vehicle transport (non rail) industry | |
| COMMISSIONER MATHESON | SYDNEY, 27 APRIL 2022 |
Application for approval of the Sunshine Coast Sunbus Enterprise Agreement 2020.
An application has been made for approval of an enterprise agreement known as the Sunshine Coast Sunbus Enterprise Agreement 2020 (Agreement). The application was made by Transit Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.5(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Further, the Applicant has provided Undertakings to address some of the inconsistencies.
As noted above, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The Transport Workers’ Union of Australia, 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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Annexure A
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