Ventura Bus Lines Pty Ltd
[2023] FWCA 1172
•24 APRIL 2023
| [2023] FWCA 1172 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ventura Bus Lines Pty Ltd
(AG2023/1042)
VENTURA BUS LINES P/L – OAKLEIGH ENTERPRISE AGREEMENT 2022
| Passenger vehicle transport (non rail) industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 24 APRIL 2023 |
Application for approval of the Ventura Bus Lines P/L – Oakleigh Enterprise Agreement 2022
Ventura Bus Lines Pty Ltd has made an application for approval of an enterprise agreement known as the Ventura Bus Lines P/L – Oakleigh Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the notice of employee representational rights (NERR) provided to all employees was not in the prescribed form. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the TWU.
The Agreement was approved on 24 April 2023 and, in accordance with s 54, it will operate from 1 May 2023. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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