Application for approval of the Kinetic and Transport Workers Union Melbourne Bus Driver Enterprise Agreement 2025.

[1] An application has been made for approval of an enterprise agreement known as the Kinetic and Transport Workers Union Melbourne Bus Driver Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Kinetic (Melbourne) Pty Ltd T/A Kinetic (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Withholding of Monies on Termination: Clause 24.1(c) of the Agreement states that the employer has the right to withhold monies due to the employee no more than the amount that you would have been paid in respect of the period of notice not given. This clause does not appear to limit the source of the monies deducted and as such, could include a deduction for NES entitlement.

[5] However, noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Transport Workers' Union being a bargaining representative for the Agreement supports the approval of the Agreement and 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.

[7] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 14 November 2025. The nominal expiry date of the Agreement is 30 June 2028.

[8] The Agreement at clause 12.13 defines relevant employees as 'the employees who may be affected by the major change'. The Employer submitted that the reference to 'major change' in this clause is a drafting error and should simply be a reference to 'the change'.

[9] In correspondence, I advised the parties that I would amend the relevant clause of the Agreement pursuant to s.218A of the Act as I considered it to be an 'obvious error'. Parties were given the opportunity to raise any objections to this course of action, and no objections were received by the Commission.

[10] I order, pursuant to s.218A of the Act, that the Agreement be varied to correct an obvious error as follows:

1. The reference to 'major change' at clause 12.13 of the Agreement is removed and replaced with 'the change'.

2. The variation will operate from 14 November 2025.

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