Application for approval of the Ventura Bus Lines P/L (Croydon) - TWU Enterprise Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as the Ventura Bus Lines P/L (Croydon) - TWU Enterprise Agreement 2026 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Ventura Bus Lines Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The title at clause 1 of the Agreement is not the same as the title of the Agreement in the Notice of Employee Representation Rights. Having regard to the Employer's submissions, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.  

[3] 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.

[4] 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).

[5] Noting clause 17.1, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Transport Workers' Union (TWU) 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) 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 12 March 2026. The nominal expiry date of the Agreement is 30 June 2029.

[8] The Agreement, as lodged, contained a series of typographical errors, which the Commission proposed to address pursuant to s 218A of the Act. Section 218A of the Act was inserted by the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 to provide a process for varying an enterprise agreement to "correct or amend an obvious error, defect or irregularity," whether in substance or form. It provides as follows:

Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1) The FWC may vary an enterprise agreement to correct or amend an obvious error,

defect or irregularity (whether in substance or form).

(2) The FWC may vary an enterprise agreement under subsection (1):

(i) one or more of the employers covered by the agreement;

(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement.

[9] Before an enterprise agreement may be varied under s 218A of the Act, there must be satisfaction of the existence of an obvious error, defect or irregularity (whether in substance or form). In this case, the errors in the Agreement are as follows:

• (1) clause 6.2 contains cross-referencing errors; and

• (2) clause 8.2 contains a typographical error with the use of the word 'weekly' instead of 'hourly' when describing the minimum base rates of pay for a full-time adult employee, with consequential amendments at 23.2(c), 23.3(c) and 23.4(iii).

[10] I consider that each of the above matters comprise of obvious typographical errors in the Agreement. There was no opposition to the Commission exercising its powers under s 218A to correct these errors. The exercise of the Commission's discretion is directed to "correct or amend" the obvious error identified. I consider the obvious errors identified are of a kind that may be corrected by varying the Agreement to:

• (1) insert the correct Award clause numbers at clause 6.2;

• (2) delete from clause 8.2 the word 'weekly' and replace it with 'hourly';

• (3) delete from clause 23.2(c) the words 'one thirty eighth of';

• (4) delete from clause 23.3(c) the words 'one thirty eighth of'; and

• (5) delete from clause 23.4(iii) the words 'one thirty eight of.'

[11] I consider that these corrections are necessary and appropriate to ensure that the Agreement accurately reflects what was clearly intended, and to provide clarity in its application. These variations will reflect the intention of the parties. There are no grounds telling against the exercise of my discretion to vary the Agreement to correct these errors. Accordingly, the errors will be corrected in the manner sought and as specified in the order that follows. The order will operate from the date of this decision.

[12] The following order is made:

1. Pursuant to s 218A of the Act, I order that the Agreement be varied to correct obvious errors as follows:

   • (1) At clause 6.2, delete:
     • Award flexibility (clause 7);

• Allowances (clauses 15.1(b), 15.2(c) and 15.2(f));

• Ordinary hours of work and rostering (clause 21);

• Overtime and penalty rates (clause 23, excluding clause 23.3 time off instead of payment for overtime).

• Award flexibility (clause 5);
• Consultation (clause 27);
• Dispute Resolution (clause 29);
• Types of Employment (clause 8);
• Classifications (clause 12);
• Minimum Wages (clause 15);

• Allowances (clauses 17.2 (a) and (b), clause 17.3(a), (b), (c), (d), (e) and (f));

• Ordinary hours of work and rostering (clause 13);

• Overtime and penalty rates (clauses 19 and 20, excluding clause 19.3 time off instead of payment for overtime).

(2) at clause 8.2 delete 'weekly' and replace with 'hourly';

(3) at clause 23.2(c) remove 'one thirty eighth of';

(4) at clause 23.3(c) remove 'one thirty eighth of'; and

(5) at clause 23.4(iii) remove 'one thirty eighth of'.

[13] The published Agreement will contain the corrections described in the above order.

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