DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways Northern Beaches Pty Ltd; Busways Eastern Suburbs Pty Ltd; Busways North West Pty Ltd
(AG2020/2480)

BUSWAYS, TRANSPORT WORKERS’ UNION OF AUSTRALIA AND DRIVERS ENTERPRISE AGREEMENT 2020

Application for approval of the Busways, Transport Workers' Union of Australia and Drivers Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Busways, Transport Workers’ Union of Australia and Drivers Enterprise Agreement 2020 (the Agreement). The application was made by Busways Northern Beaches Pty Ltd, Busways Eastern Suburbs Pty Ltd and Busways North West Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Transport Workers’ Union of Australia (TWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe that clause 38(a) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4(e) 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers this organisation.

[6] The Agreement was approved on 9 September 2020 and, in accordance with s.54, will operate from 16 September 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508969  PR722625>

Annexure A