Application for approval of the Warrnambool Bus & Roadways Enterprise Agreement 2025

[1] Warrnambool Bus & Roadways Pty Ltd has applied for approval of an enterprise agreement known as the Warrnambool Bus & Roadways Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 11.3(b) - Public holiday substitution

• Clause 11.5 - Entitlement to public holiday pay

[4] Clause 17.1 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Employer has provided written undertakings. 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.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Transport Workers' Union of Australia (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 December 2025.

[9] In accordance with clause 5.1, the nominal expiry date of the Agreement is 30 June 2027.

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