REO INVESTMENTS PTY LIMITED BUS DRIVERS' (BALLINA) ENTERPRISE AGREEMENT 2025

Application for approval of the REO INVESTMENTS PTY LIMITED BUS DRIVERS' (BALLINA) ENTERPRISE AGREEMENT 2025

[1] An application has been made for approval of an enterprise agreement to be known as the REO INVESTMENTS PTY LIMITED BUS DRIVERS' (BALLINA) ENTERPRISE AGREEMENT 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Reo Investments Pty Limited Trading AS Ballina Buslines (Employer). The Agreement is a single enterprise agreement.

[2] There was an issue raised by the Commission with the Employer regarding the format of the Notice of Employee Representational Rights (NERR) provided to relevant employees.[1] Having regard to the submissions of the Employer, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[3] The Employer has provided written undertakings dated 30 March 2026. 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.

[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Passenger Vehicle Transportation Award 2020 is taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2026. The nominal expiry date of the Agreement is 30 March 2030.

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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