DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WBL PTY LTD T/A WARRAGUL BUS LINES
(AG2020/1680)

WBL PTY LTD (T/A WARRAGUL BUS LINES) ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non-rail) industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 JULY 2020

Application for approval of the WBL Pty Ltd (t/a WARRAGUL BUS LINES) ENTERPRISE AGREEMENT 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the WBL Pty Ltd (t/a WARRAGUL BUS LINES) ENTERPRISE AGREEMENT 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by WBL Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 24 July 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Passenger Vehicle Transportation Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

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

[4] 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 of the Act, will operate from 4 August 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

WBL Pty Ltd, trading as Warragul Bus Lines, applied to the Fair Work Commission for the approval of the WBL Pty Ltd (t/a Warragul Bus Lines) Enterprise Agreement 2020. The application was brought before the Commission in Melbourne, and the dispute concerned the terms and conditions of employment for the employees of Warragul Bus Lines. The primary legal issues the Commission was required to decide were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the agreement provided fair and reasonable terms and conditions for the employees.

The Commission considered several factors, including the process by which the agreement was negotiated, the nature of the terms and conditions proposed, and the extent to which the agreement provided for the fair and reasonable terms and conditions for the employees. The Commission found that the agreement was negotiated in good faith and that it provided for terms and conditions that were fair and reasonable. The Commission also noted that the agreement included provisions for minimum wages, penalty rates, leave entitlements, and other employment-related matters. Given these findings, the Commission approved the enterprise agreement, finding that it met the statutory requirements and provided fair and reasonable terms and conditions for the employees.

As a result of the Commission's decision, the WBL Pty Ltd (t/a Warragul Bus Lines) Enterprise Agreement 2020 was approved and came into effect. The final orders of the Commission included the approval of the agreement and the registration of the agreement on the Register of Approved Enterprise Agreements. The approval of the agreement ensures that the terms and conditions of employment for the employees of Warragul Bus Lines are governed by the agreement, providing certainty and stability for both the employer and the employees.

WBL PTY LTD T/A WARRAGUL BUS LINES

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established