BALLARAT AND BACCHUS MARSH CHRISTIANS BUS ENTERPRISE AGREEMENT 2024

Application for approval of the Ballarat and Bacchus Marsh Christians Bus Enterprise Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Ballarat and Bacchus Marsh Christians Bus Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for MCBAIRD FORDLEY UNIT TRUST trading as Christians Bus. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

[4] The Agreement is silent on a workplace delegates' rights term but as the modern award is incorporated, I am satisfied that 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] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 23 February 2026. The nominal expiry date of the Agreement is 1 August 2028.

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