Ventura Bus Lines Pty Ltd

[2023] FWCA 343

[2023] FWCA 343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventura Bus Lines Pty Ltd

(AG2022/5611)

FLEET SUPPORT SERVICES ENTERPRISE AGREEMENT 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 6 FEBRUARY 2023

Application for approval of the Fleet Support Services Enterprise Agreement 2022

1. Ventura Bus Lines Pty Ltd has applied for approval of an enterprise agreement known as the Fleet Support Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) provided to employees includes the Employer’s letterhead and refers to the previous agreement, inconsistent with the requirements of s.174(1A) of the Act. The Employer also did not take all reasonable steps to ensure that the relevant employees were given a copy of the Passenger Vehicle Transportation Award 2020 in accordance with s.180(2) of the Act. However, considering that the Agreement replaces an existing enterprise agreement in similar terms, in all the circumstances, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical and procedural errors regarding the content of the NERR and the provision of the Award, and that the employees covered by the Agreement were not likely to have been disadvantaged by these errors. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. 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) I note that the Agreement covers the organisation.

1. I observe that clause 11.3(b) is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519073  PR750204>

Annexure A