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Fair Work Act 2009
s.185—Enterprise agreement
Busways North West Pty Ltd T/A Busways
(AG2021/7660)
BUSWAYS DRIVER/MENTOR ENTERPRISE AGREEMENT 2021
Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 14 OCTOBER 2021
Application for approval of the Busways Driver/Mentor Enterprise Agreement 2021
[1] An application has been made for approval of an enterprise agreement known as the
Busways Driver/Mentor Enterprise Agreement 2021 (Agreement). The application was made
pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise
agreement.
[2] The Employer has provided written undertakings (Undertakings). A copy of the
Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of
accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[3] The views of each person who the Fair Work Commission knows is a bargaining
representative for the Agreement have been sought in relation to the Undertakings.
[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings
are taken to be a term of the Agreement.
[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections
186, 187, 188 and 190 as are relevant to this application for approval have been met.
[2021] FWCA 6289
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
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[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate
from 1 November 2021. The nominal expiry date of the Agreement is 13 October 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE513529 PR734927
DE THE FAIR WORK O AJETRALIA AMISSION SE THE
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Annexure A
IN TH E FAIR WORK COMMISSION
FWC Matter No.: AG2021/7660
Applicant: Busways North West Pty Ltd
Section 185 - Application for approval of a single enterprise agreement
Undertaking- Section 190
I, Robert Gibson, Workplace Relations Manager for Busways Group Pty Ltd give the following
undertakings with respect to the Busways Driver/Mentor Enterprise Agreement 2021 ("the
Agreement"):
1. I have the authority given to me by Busways Group Pty Ltd and Busways North West
Pty Ltd to provide this undertaking in relation to the application before the Fair Work
Commission.
2. On termination of employment, employees covered by the Agreement will be paid out
any time off in lieu of overtime rates which has been agreed pursuant to clause
13(b)(vii) but has not been taken, at the overtime rate applicable at the time the
overtime was worked.
3. These undertakings are provided on the basis of issues raised by the Fair Work
Commission in the application before the Fair Work Commission.
8 October 2021
Date
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IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/7660 Applicant: Busways North West Pty Ltd Section 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 I, Robert Gibson, Workplace Relations Manager for Busways Group Pty Ltd give the following undertakings with respect to the Busways Driver/Mentor Enterprise Agreement 2021 ("the Agreement"): 1. I have the authority given to me by Busways Group Pty Ltd and Busways North West Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission. 2. On termination of employment, employees covered by the Agreement will be paid out any time off in lieu of overtime rates which has been agreed pursuant to clause 13(b)(vii) but has not been taken, at the overtime rate applicable at the time the overtime was worked. 3. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Ath Signature 8 October 2021 Date 1
Busways Driver/Mentor Enterprise Agreement 2021.
lappin
Undertaking
Contents
Contents ............................................................................................................................................. 2
1. Title of this Agreement .......................................................................................................... 4
2. Parties Bound by EA ............................................................................................................. 4
3. Date and Period of Operation .............................................................................................. 4
4. Application and Scope of the Agreement ........................................................................... 4
5. Definitions .............................................................................................................................. 5
6. No Extra Claims ..................................................................................................................... 6
7. Types of Employment and Classifications ......................................................................... 6
8. Rates of Pay and Allowances .............................................................................................. 7
10. One-off Bonus Payment ....................................................................................................... 8
11. Payment of Wages ................................................................................................................. 8
12. Ordinary Hours ...................................................................................................................... 9
13. Overtime and Other Penalty Payments ............................................................................. 10
14. Saturday and Sunday Work ................................................................................................ 11
15. Rostering .............................................................................................................................. 11
16. Breaks ................................................................................................................................... 13
17. Secure Employment ............................................................................................................ 13
18. Railway Work ....................................................................................................................... 15
19. Special Hiring ....................................................................................................................... 15
20. Mixed Functions .................................................................................................................. 16
21. Days Off ................................................................................................................................ 16
22. Travelling Time .................................................................................................................... 17
23. Formal Warnings ................................................................................................................. 17
24. Amenities ............................................................................................................................. 17
25. Consultative Committee ..................................................................................................... 18
26. Dispute Resolution Procedure ........................................................................................... 18
27. Major Change and Consultation ........................................................................................ 19
28. Flexibility .............................................................................................................................. 21
29. Public Holidays .................................................................................................................... 22
30. Personal Leave .................................................................................................................... 23
31. Compassionate Leave ........................................................................................................ 25
32. Annual Leave ....................................................................................................................... 26
33. Parental Leave ..................................................................................................................... 27
34. Long Service Leave ............................................................................................................ 27
35. Termination/Redundancy ................................................................................................... 27
36. Salary Sacrifice for Superannuation ................................................................................. 28
37. Superannuation ................................................................................................................... 28
38. Signatory page ..................................................................................................................... 29
SCHEDULE 1 MONETARY RATES ................................................................................................ 30
SCHEDULE 2 CLASSIFICATIONS ................................................................................................. 31
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1. Title of this Agreement
The Enterprise Agreement (EA) will be known as the Busways Driver/Mentor
Enterprise Agreement 2021.
2. Parties Bound by EA
The parties bound by this EA are:
(a) Busways North West Pty Ltd (The Company).
(b) Persons employed wholly or principally as Bus Drivers (Employees).
3. Date and Period of Operation
(a) This Agreement shall take effect the from the first full pay period
commencing after the date of approval of the Fair Work Commission
(FWC).
(b) The Nominal Expiry date of this Agreement is the fourth anniversary
following the approval of this Agreement.
(c) The parties bound by this Agreement agree to commence negotiations
for a replacement Agreement six months prior to the nominal expiry date
of this Agreement.
4. Application and Scope of the Agreement
(a) This Agreement shall cover and apply to all employees of the Company
employed wholly or principally as bus drivers in the classifications
outlined in this Agreement, but does not cover or apply to:
(i) employees to whom the Busways Transport Workers Union of
Australia and Drivers Enterprise Agreement 2020 applies; or
(ii) employees performing On-Demand Driving.
(b) The Company will issue a letter of appointment to new employees to
whom this Agreement applies confirming the status of their
employment.
(c) Subject to clause (d) below, this Agreement shall replace and rescind
all other agreements relating to the terms and conditions of
employment of employees falling within its coverage. To avoid any
doubt, this agreement seeks to exclude the application of the Award,
and any successor Award to the Employees.
(d) The intent of this agreement is to provide for a co-operative workplace
environment that accords drivers fair pay and conditions. The parties
contend that the terms and conditions of this agreement are far superior
to the applicable modern award and National Employment Standards
(NES). Should any provision of this Agreement be interpreted in a
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manner that is less beneficial than the NES, then the NES shall apply.
(e) The Schedules to this Agreement are included and form part of the
Agreement.
5. Definitions
For the purpose of this EA the following definitions shall be adopted:
“Allowances” shall be the Monetary Rates, (Table 2 – Other Rates and
Allowances) set out in Schedule 1 hereto.
“applies” for the purposes of clause 4(a) has the meaning specified in s52(1)
of the Act.
“Award” means the Passenger Vehicle Transportation Award 2020.
“Broken Shift” means a shift with a spread of hours permitted under the
relevant driving hours’ legislation and with an unpaid break of greater than 60
minutes between the two portions of work.
“EA” shall mean this Enterprise Agreement.
“Employees” shall mean persons employed by the Company who fall within
the coverage of clause 4 of this EA.
“Engagement” shall mean the rostered daily shift for a bus driver and includes
a broken shift.
“Driving Hours” shall be the national or state regulations that apply to bus
driving hours applicable at the time.
“NES” means the National Employment Standards.
“On-Demand Driving” refers to the performance of non-routed public transport
services in a vehicle that requires a licence below that of medium rigid (that is
a vehicle that can be operated with a light rigid licence or a car licence).
“Prescribed Rates” shall be the Monetary Rates, (Table 1 – Wage Rates), set
out in Schedule 1 hereto.
“Shiftworker” shall mean an employee who is a 7 day shiftworker who is
regularly rostered to work on Sundays and public holidays.
“Straight Shift” shall mean a shift permitted under driving hours legislation.
“The Act” shall mean the Fair Work Act (Cth) 2009.
“The Association” shall mean the Bus and Coach Association (NSW) Inc, or
BusNSW.
“The Company” shall mean Busways North West Pty Ltd.
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6. No Extra Claims
The Parties agree that no extra claims shall be made in regard to any wages
and allowances or conditions of employment during the nominal term of this
EA.
7. Types of Employment and Classifications
(a) Full Time Employees
(i) A Full Time Employee:
1) is engaged to work an average of 38 ordinary
hours per week, Monday to Saturday; and
2) must receive a minimum payment of 4 hours for
each shift/day engaged.
(ii) The wages and allowances of full-time Employees applicable to
their classification as defined in Schedule 2, are set out in
Monetary Rates Table 1 (Wage Rates) and Table 2 (Other
Rates and Allowances), of Schedule 1 and no other wages or
allowances shall apply.
(b) Part Time Employees
(i) may be employed on a permanent basis to work regular days
and regular hours less than an average of 38 hours per week,
provided that:
1) The set weekly hours for such an employee shall be
determined upon engagement and committed to writing;
provided that, by mutual agreement, the hours may be
varied to enable the employee to accept any extra duties that
may be offered from time to time.
2) Notwithstanding subclause 1) of this clause a minimum of
three hours per day shall be worked by such an employee.
3) The spread of ordinary hours allowable for such employees
shall be as set out in the clause 11 (Ordinary Hours).
4) The rate of pay of such employees’ classification as
defined in Schedule 2, shall be calculated on the basis of
an hourly rate equal to the applicable weekly rate of pay as
set out Table 1 in Schedule 1 (Monetary Rates) divided by
38.
5) Part-time employees shall attract a pro rata entitlement to:
(a) annual leave;
(b) annual leave loading;
(c) personal leave;
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(d) compassionate leave;
(e) long service leave; and
(f) public holidays that fall within the four school terms.
(c) Casual Employees
(i) A person is engaged as a casual employee if:
1) an offer of employment made by the Company to
the person is made on the basis that the Company
makes no firm advance commitment to continuing
and indefinite work according to an agreed pattern
of work for the person; and
2) the person accepts the offer on that basis; and
3) the person is an employee as a result of that
acceptance.
(ii) A casual employee will be engaged to work a minimum of three
(3) hours per day unless otherwise agreed between Busways
and the employee.
(iii) For each ordinary hour worked Monday to Friday a casual
employee shall be paid one thirty-eighth of the weekly rate as set
out Table 1 in Schedule 1 (Monetary Rates), for the applicable
classification defined in Schedule 2. In addition, the employee
shall be paid a 25 per cent loading in lieu of paid sick leave, paid
annual leave, paid public holidays and termination and
redundancy entitlements.
(iv) When a casual employee works in excess of 38 hours in a week,
10 hours per day Monday to Friday, or on a Saturday, Sunday or
a Public Holiday they will be paid at the higher applicable penalty
rate in lieu of the 25 per cent loading in clause 7(c)(iii).
(d) Classifications
(i) Upon commencing employment an employee shall be classified
under a classification defined in Schedule 2 of this Agreement
and shall remain upon such classification and be paid the wage
prescribed thereof unless reclassified.
8. Rates of Pay and Allowances
(a) Rates of Pay
(i) All rates of pay and allowances are set out in Schedule 1
(Monetary Rates).
(ii) All rates of pay and allowances set out in Monetary Rates Table
1 (Wage Rates) and Table 2 (Other Rates and Allowances), of
Schedule 1 shall increase on the first pay periods after 1 July
2022, 1 July 2023, 1 July 2024 and 1 July 2025 in accordance
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with the percentage increase in the ABS March quarterly Wage
Price Index, total hourly rates of pay, excluding bonuses;
Private, Public Transport, Postal and Warehousing A2603469T
or such equivalent wage index that may replace the above index
as referred to in any Bus System contract held between the
Company and the New South Wales Government.
(b) Allowances:
(i) Attendance Allowance
1) Subject to subclause 8(b)(i)(2), an employee who is called
upon to;
a. Operate ticketing system or
b. Perform yard duties
will receive an attendance allowance as set out in Item 1 in
Table 2 (Other Rates and Allowances) of Schedule 1.
2) Employees that work four (4) hours or more a day will
receive the full allowance. Employees that work below four
(4) hours will receive 50% of the allowance.
(ii) High-Capacity Allowance
1) An employee who operates a vehicle with a licenced
capacity of 80 or more passengers, excluding single deck
rigid vehicles (High Capacity) in service, shall be paid an
additional amount per shift, as set in Item 2 in Table 2
(Other Rates and Allowances) of Schedule 1.
(iii) Mentor Allowance
1) An employee that has been successful in the application
process and successfully completed the Busways Mentor
Training Module will receive an allowance of $25 per day,
when completing Mentor duties. This allowance will not
increase throughout the term of this agreement.
10. One-off Bonus Payment
a. Within 1 month after the Fair Work Commission’s (FWC) approval of this
EA, employees that are employed by Busways North West Pty Ltd at
the time of approval and during the access period for the voting on the
agreement will receive a one-off bonus payment of $2000 (less
applicable tax).
11. Payment of Wages
a. Wages shall be paid fortnightly in arrears by electronic funds transfer.
b. A payday shall be fixed at each place of employment, which, once
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established, shall not be changed except by agreement or with seven
days’ notice.
c. Where wages are paid direct into an employee’s bank account, the
wages shall be available on the day set as payday. If the wages are not
available to the employee on the designated day the employee shall
contact the employer, who shall arrange with the bank for the wages to
be made available. If, by the day following payday, the wages are still
not available, the employer shall make available to the employee the
equivalent amount in cash. should the bank then deposits the money in
the employee’s bank account, it shall be repaid to the employer prior to
the next payday.
d. Nothing in this clause shall preclude an employer from making other
arrangements as to pay day or period as may be found convenient.
e. Each employee shall be supplied with a pay slip or statement in writing
on which the following information will be provided:
i. the name of the employee;
ii. the classification of the employee;
iii. the date on which the payment was made;
iv. the period of employment to which the payment relates;
v. the gross amount of remuneration;
vi. the amount paid as overtime or such information as will enable
the employee to calculate the amount paid as overtime;
vii. the amount deducted for taxation purposes;
viii. the amount deducted as employee contributions for
superannuation purposes;
ix. the particulars of all other deductions; and
x. the net amount paid.
12. Ordinary Hours
a. The ordinary hours of work for a full-time employee will be an average
of 38 hours per week.
b. The ordinary hours of work for a full-time employee may be rostered
Monday to Saturday and averaged as follows:
i. 38 hours on up to 5 days within a work cycle not exceeding 7
consecutive days;
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ii. 76 hours on up to 10 days within a work cycle not exceeding 14
consecutive days;
iii. 114 hours on up to 15 days within a work cycle not exceeding 21
consecutive days; or
iv. 152 hours on up to 20 days within a work cycle not exceeding 28
consecutive days.
c. The ordinary hours of work for a part-time employee will be determined
in accordance with clause 7(b)(i).
d. The ordinary hours of work for a casual employee will be up to 38 hours
per week, Monday to Friday.
e. Ordinary hours for all employees, exclusive of meal breaks, must not
exceed 10 hours on any one day.
13. Overtime and Other Penalty Payments
a. Maximum Penalty Payment – Excluding Public Holidays, when time
worked is subject to more than one extra rate of payment, the
Employer shall not be required to pay more than the rate of double
time.
b. Overtime:
i. Rostered overtime shall be paid for at the rate of time and one-
half for the first three hours and double time thereafter, for all
rostered time worked in excess of 38 averaged hours in a week.
ii. Non-rostered overtime shall be paid for at the rate of time and
one-half for the first three hours and double time thereafter and
shall stand alone on a daily basis.
iii. Overtime rates of time and one-half for the first three hours and
double time thereafter shall be paid for all time worked in excess
of ten hours where a four or five-day week is worked.
iv. An employee who is rostered to work a straight shift of a spread
of 11 and one-half hours, inclusive of meal breaks, shall be paid
at double time for all time worked in excess of the rostered shift.
v. Employees requested to do non-rostered overtime, prior to the
start of their normal shift, shall be paid at overtime rates (time and
a half for the first three hours and double time thereafter) up to
the normal shift starting time; provided that, when such overtime
does not extend up to the employees normal starting time, a
minimum of two hours pay at overtime rates shall be paid,
regardless of the duration of the shift worked prior to the starting
time.
vi. Where different overtime rates are applicable to the same hours
of work, the rate most favourable to the Employee shall be paid.
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Both rates are not paid.
vii. By agreement with the Employee, non-rostered overtime may be
taken as time off in lieu. Such time shall accrue at overtime rates
and be taken within six months.
c. Broken Shifts Penalty Payments
i. All time worked on a broken shift after ten hours from the time
first signed on shall be paid for at the rate of time and one-half.
ii. An employee who works a broken shift which finishes later than
10.00 p.m. shall be paid, in addition to his/her earnings for that
shift, the sum set out in Item 5 of Schedule 1, Table 2 (Other
Rates and Allowances).
iii. Subject to subclause (a) of this clause, all broken shift penalties
under this clause shall stand alone for the purpose of calculation
of wages.
d. Night Work Penalty
i. For all rostered ordinary hours of duty worked prior to 6:00am
and/or after 7:00pm (other than on Saturdays, Sundays and
public holidays) except those employed on broken shifts, shall
be paid 15% more than their ordinary rates.
e. Recall Penalty
i. An employee who has left the premises and who is requested to
return to work to perform extra duties shall be paid at overtime
rates for the duration of the recall, with a minimum paid period
of four hours.
14. Saturday and Sunday Work
a. All ordinary time worked on Saturday shall be paid for at the rate of time
and one-half, and all time on Sunday shall be paid for at the rate of
double time.
b. An employee called upon to work on a Saturday shall be guaranteed
and/or paid for not less than four hours work at the appropriate rate.
c. An employee called upon to work on a Sunday shall be guaranteed
and/or paid for not less than five hours work at the appropriate rate.
15. Rostering
a. The ordinary weekly hours shall be worked in four or five days, the
ordinary hours of rostered shifts shall be limited to ten hours of any
shift of such week.
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b. An employee called on to work any portion of an additional shift shall
be paid not less than the period of such shift or the additional hours
as overtime.
c. An employee, other than a casual employee, called upon to work a
broken shift on Monday to Friday, inclusive, shall be paid for not less
than seven hours for such shift.
d. No broken shift shall be rostered to exceed a spread of 12 hours
inclusive of meal breaks, provided that, where the roster requires, a
broken shift may be rostered to a spread of 13 hours.
e. No straight shift shall be rostered to exceed a spread of 11 and a half
(11.5) hours inclusive of meal breaks.
f. No employee shall be required to work a broken shift on a Saturday,
Sunday or a public holiday except where, on regular timetabled
services, such broken shifts cannot reasonably be avoided.
g. The break between the two sections of a broken shift which exceeds
a spread of ten hours shall be at least one and a half hours. Any other
periods off duty during a broken shift, except for a maximum time of
60 minutes for meal breaks, shall be counted and paid for as time
worked.
h. Employees may be permitted to interchange work to meet their
personal convenience, provided that such change is with the consent
of the employer.
i. An employee shall have a continuous rest break between consecutive
days of work of no less duration than 10 hours or that required by the
National Driving Hours, whichever is the longer break.
j. Fixing Times
i. The employer shall fix the starting and finishing time of each
employee for each shift and also shall show all work to be
performed during the shift and shall post rosters showing such
times in a prominent place in the depot, but once fixed, the start
and finish time shall not be altered unless at least three days’
notice (in the case of basic route rosters) or one day’s notice (in
all other cases) has been posted in a prominent place in the
depot for the employees to see.
ii. Employees shall be allowed reasonable time to perform such
duties as are required by the employer before taking a bus from
the recognised home depot, garage, or picking-up place and after
returning a bus to the finishing place. The employer shall post
notices stating what duties are required.
iii. Payments shall be made for each shift at the rate applicable to
the day on which the major portion of the work is performed.
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16. Breaks
a. There shall be such flexibility in meal and crib breaks in regard to special
hirings, charters, relief duties, straight shifts and/or broken shifts as is
reasonably necessary to assist rostering and on time running.
b. The times for taking meal and crib breaks shall be consistent with
National Driving Hours Legislation:
i. A meal break shall be not less than 30 minutes and shall not
exceed one hour. A crib break shall be not less than 15 minutes
and not more than 30 minutes and shall be counted as time
worked.
ii. No duties shall be performed by an employee during his/her meal
or crib break.
iii. Where an employee is required to take a meal or crib break away
from his/her depot, it shall be the responsibility of the employer
to arrange for suitable toilet facilities. Where these facilities are
not arranged by the employer, an allowance as set out in Item 3
of Table 2 Other Rates and Allowances, of Schedule 1, Monetary
Rates shall be paid.
iv. No employee shall take a meal break unless he/she previously
worked for at least two hours, unless otherwise agreed between
the union and the employer.
v. Where an employee is required to work for two hours or more
after the rostered finishing time, he/she shall be paid a meal
allowance as set out in Item 4 of Table 2 (Other Rates and
Allowances) of Schedule 1.
17. Secure Employment
a. Objective of this Clause
The objective of this clause is for the employer to take all reasonable steps
to provide its employees with secure employment by maximising the
number of permanent positions in the employer’s workforce, in particular
by ensuring that casual employees have an opportunity to elect to become
full-time or part-time employees.
b. Casual Conversion
Casual conversion is provided for in the NES.
Busways will apply the NES casual conversion requirements to casuals employed
under this Agreement.
c. Work Health and Safety
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i. For the purposes of this subclause, the following definitions shall
apply:
1) a “labour hire business” is a business (whether an
organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust,
corporation and/or person) which has as its business
function, or one of its business functions, to supply staff
employed or engaged by it to another employer for the
purpose of such staff performing work or services for that
other employer; and
2) a “contract business” is a business (whether an organisation,
business enterprise, company, partnership, co-operative,
sole trader, family trust or unit trust, corporation and/or
person) which is contracted by another employer to provide
a specified service or services or to produce a specific
outcome or result for that other employer which might
otherwise have been carried out by that other employer’s
own employees.
ii. If the Company engages a labour hire business and/or a contract
business to perform work wholly or partially on the Company’s
premises shall do the following (either directly, or through the
agency of the labour hire or contract business);
1) consult with employees of the labour hire business and/or
contract business regarding work health and safety
consultative arrangements;
2) provide employees of the labour hire business and/or
contract business with appropriate work health and safety
induction training including the appropriate training required
for such employees to perform their jobs safely;
3) provide employees of the labour hire business and/or
contract business with appropriate personal protective
equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own
employees; and
4) ensure employees of the labour hire business and/or
contract business are made aware of any risks identified in
the workplace and the procedures to control those risks.
iii. Nothing in this subclause (c) is intended to affect or detract from
any obligation or responsibility upon a labour hire business
arising under the Work Health and Safety Act 2011 or the
Workplace injury Management and Workers Compensation Act
1998.
iv. Disputes regarding the Application of this Clause – Where a
dispute arises as to the application or implementation of this
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clause, the matter shall be dealt with pursuant to the Dispute
Resolution Procedure of this Agreement.
v. This clause has no application in respect of organisations which
are properly registered as Group Training Organisations under
the Apprenticeship and Traineeship Act 2001 (or equivalent
interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for
Group Training Organisations established by the ANTA
Ministerial Council.
18. Railway Work
An employee required to drive a bus in substitution for a railway timetable
service during scheduled railway maintenance work shall be paid at the rate
applicable to the day, under this EA, whilst performing such work.
19. Special Hiring
Special Hirings not exceeding two days – The following provisions shall
apply to special hirings not exceeding two days duration which do not form part
of the ordinary rostered work of employees. Not exceeding two days shall be
deemed to mean not exceeding two calendar days, falling between midnight
and midnight.
a. An employee offered the job of a special hiring may, at his/her option,
accept or reject such offer, but if he/she accepts then he/she shall work
the job and, where practicable, seven days’ notice shall be given of such
hiring.
b. The provisions of this EA, other than clause 21, Travelling Time, shall
not apply to special hiring.
c. The employee shall, be paid a meal allowance as set out in Item 6 in
Table 2 (Other Rates and Allowances) in Schedule 1, except where a
suitable meal is provided.
d. The duration of the job shall be from the time of signing on to the time
of signing off but shall not exceed 13 hours; provided that, in cases
where an employee is unable to complete a special hiring in 13 hours,
all time in excess of 13 hours shall be paid for at the rate of double time.
e. The employee shall be paid at their applicable classification as defined
in Schedule 2, for the duration of the job at the ordinary hourly rate for
the first eight hours and at the rate of time and a half there after, but
shall not be paid less than eight hours pay.
f. For special hirings of less than four hours, the following provisions
shall apply:
i. Paragraphs (c) and (e) of this subclause, and clause 20 (Days
Off) shall not apply to such special hiring.
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ii. Time worked on such special hiring shall be paid at:
1) Time and a half for Monday to Friday inclusive;
2) Double time for Saturday and Sunday; and
3) Double time and a half for public holidays.
iii. On days when the special hiring is the only duty, the employee
shall be paid for a minimum engagement of two hours.
iv. If such special hiring is an extension of rostered duty, it shall be
treated as overtime. All such time shall stand alone.
g. Employees shall be supplied with a time sheet for all special hirings for
the purpose of recording the starting and finishing times of such hirings,
plus any other information required by the employer.
h. Where a special hiring exceeds one day but does not exceed two
days, the following provisions shall apply:
i. The employee shall have a rest period of at least eight hours after
the completion of each daily shift.
ii. The employee shall be reimbursed by his/her employer for
expenses reasonably incurred in obtaining satisfactory meals
and hotel or other suitable accommodation.
i. Where a special hiring is cancelled and the employee engaged for the
job is not given at least eight hours’ notice of the cancellation, he/she
shall be paid two hours pay at the ordinary rate.
j. Special Hirings Exceeding Two Days – In the case of special hirings
exceeding two days duration, the wages paid shall be assessed in
accordance with the other clauses of this EA, including Rates of Pay
and Allowances, Overtime and Other Penalty Rates, Saturday and
Sunday Work, and Public Holidays.
20. Mixed Functions
a. An employee required by his/her employer to work for less than two
hours a day on work carrying a higher rate of pay shall be paid at the
higher rate for the actual time so worked and when required to work for
more than two hours a day on such work he/she shall be paid at the
higher rate of pay for the whole day’s work.
b. This clause shall not apply to actual periods of one hour or less or to
interchange of work arranged between employees to meet their
personal convenience.
21. Days Off
17
a. All full-time employee shall be allowed at least one day off in each week
and shall not be worked on such day off, except in the case of an
emergency.
b. Where an employee is required to work on any day rostered off, time
worked thereon shall stand alone and shall be paid for at the rate of
double time if worked on a Sunday, or at the rate time and one half if
worked on a Saturday, or at the rate of time and one-half if worked on
any other day.
c. An employee required to work on any day rostered off shall be
guaranteed and/or paid for not less than four hours work at the
appropriate rate Monday to Saturday and for not less than five hours
work at the appropriate rate on a Sunday.
d. This clause shall override any application of clause 11 and clause 12 in
this Agreement.
22. Travelling Time
a. Wherever the employee commences or finishes duty other than at
his/her Contract Region, he/she shall be entitled to payment at ordinary
rates for the additional time, if any, reasonably occupied in journeying to
and from his/her home as compared with the time ordinarily occupied
by him/her in journeying from his/her Contract Region to his/her home
and also shall be reimbursed for reasonable fares incurred.
23. Formal Warnings
a. All formal warnings will remain active for the periods outlined below.
Once the period of time has elapsed, without further disciplinary action,
the warning will become inactive. However, it will remain on file
i. a verbal warning will remain active for 6 months;
ii. a written warning will remain active for 12 months; and
iii. a final written warning will remain active for a period of 2 years.
24. Amenities
a. The following amenities shall be available at all depots where
employees are employed under the provisions of this Agreement:
i. A change room or area for employees to change their clothes.
ii. A suitable lockable locker for each employee.
iii. Hot and cold water for washing purposes.
iv. Where employees are required to have their meals at the depot,
a dining room or area with adequate seating and table
accommodation and facilities for boiling water and heating food.
18
v. Lavatory facilities.
vi. Appropriate arrangements for rosters to be posted and for
employees to sign on and off.
25. Consultative Committee
a. The parties agree to establish a Consultative Committee on each site
that shall be made up of management representatives from the
Company, at least two elected employee representatives and where a
Union delegate/s is in place on site then at least one Union delegate
shall serve for all depots operating less than 100 buses. Four elected
employee representation and where a Union delegate/s is in place on
site then at least one Union delegate shall serve for depots operating
100 buses or more.
b. The Committee shall meet at least quarterly at a set date and time or
more frequently should the parties agree, and shall discuss issues that
include but are not limited to the following:
i. Measures to improve efficiency and productivity
ii. The rostering of work
iii. The application of this Agreement
iv. Industrial concerns and grievances
26. Dispute Resolution Procedure
a. If a dispute relates to:
i. A matter arising under the Agreement; or
ii. The National Employment Standards;
This clause sets out procedures to settle the dispute.
b. An employee who is a party to the dispute may appoint a representative
for the purposes of the procedures in this term.
c. In the first instance, the parties to the dispute must try to resolve the
dispute at the workplace level, by discussions between the employee or
employees and relevant supervisors and/or management.
d. If discussions at the workplace level do not resolve the dispute, a party to
the dispute may refer the matter to Fair Work Commission.
e. The Fair Work Commission may deal with the dispute in 2 stages:
19
i. the Fair Work Commission will first attempt to resolve the dispute
as it considers appropriate, including by mediation, conciliation,
expressing an opinion or making a recommendation; and
ii. if the Fair Work Commission is unable to resolve the dispute at
the first stage, the Fair Work Commission may then:
1) arbitrate the dispute; and
2) make a determination that is binding on the parties.
Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are
available to it under the Act. A decision that Fair Work Commission makes when arbitrating a
dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may
be made against the decision
f. While the parties are trying to resolve the dispute using the procedures in
this term:
i. an employee must continue to perform his or her work as he or she
would normally unless he or she has a reasonable concern about
an imminent risk to his or her health or safety; and
ii. an employee must comply with a direction given by the employer to
perform other available work at the same workplace, or at another
workplace, unless:
1) the work is not safe; or
2) applicable work health and safety legislation would not
permit the work to be performed; or
3) the work is not appropriate for the employee to perform; or
4) there are other reasonable grounds for the employee to
refuse to comply with the direction.
g. The parties to the dispute agree to be bound by a decision made by Fair
Work Commission in accordance with this term.
27. Major Change and Consultation
a. This clause applies if the Company is seriously considering workplace
changes that are likely to have a significant effect on the employees
covered by this Agreement or to changes to employee regular
rosters/ordinary hours of work.
b. The relevant employees may appoint a representative for the purposes
of the procedures in this clause.
c. Subclauses (d) to (g) relates to workplace changes that have a
significant effect on employees and subclauses (i) to (k) relate to
changes to ordinary hours of work. In this clause, “relevant employees”
means the employees who may be affected by the relevant change.
d. As soon as practicable the Company must consult relevant employees
20
about the introduction of the change; the effect the change is likely to
have on the employees, the number of redundancies and the persons
or class of persons likely to be affected, and any reasonable alternatives
to the change or redundancy. The Company must discuss measures to
avert or mitigate the adverse effect of the change on the employees.
e. For the purposes of the discussion the Company will provide, in writing,
to the relevant employees:
i. All relevant information about the change including the nature of
the change proposed;
ii. Information about the expected effects of the change on the
employees; and
iii. Any other matters likely to affect the employees.
f. However, the Company is not required to disclose confidential or
commercially sensitive information to the Delegate or relevant
employees.
g. The Company must give prompt and genuine consideration to matters
raised about the major change by the relevant employees.
h. In this clause, a major change is “likely to have a significant effect on
employees” if it results in:
i. The termination of the employment of employees; or
ii. Major change to the composition, operation or size of the
Company’s workforce or to the skills required of employees; or
iii. The elimination or diminution of job opportunities (including
opportunities for promotion or tenure); or
iv. The alteration of hours of work; or
v. The need to retrain employees; or
vi. The need to relocate employees to another workplace; or
(vii) The restructuring of jobs.
Change to ordinary hours
i. For changes to an employee’s regular roster or ordinary hours of work,
the Company must notify the relevant employees of the proposed
change.
j. As soon as practicable after proposing to introduce the change, the
Company must:
i. discuss with the relevant employees, the introduction of the
21
change; and
ii. invite the employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities); and
iii. consider any views given by the employees about the impact of
the change.
k. However, the Company is not required to disclose confidential or
commercially sensitive information to the relevant employees.
28. Flexibility
a. The Employer and an Employee covered by this Enterprise Agreement
may agree to make an individual flexibility arrangement to vary the effect
of terms of the agreement if:
i. the agreement deals with 1 or more of the following matters:
1) arrangements about when work is performed (including
meal breaks);
2) overtime rates;
3) penalty rates;
4) allowances;
ii. the arrangement meets the genuine need of the Employer and
Employee inrelation to 1 or more of the matters mentioned in
subclause (a); and
iii. the arrangement is genuinely agreed to by the Employer and
Employee.
b. The Employer must ensure that the terms of the individual flexibility
arrangement:
i. are about permitted matters under section 172 of the Act; and
ii. are not unlawful terms under section 194 of the Act; and
iii. result in the Employee being better off overall than the Employee
would be if no arrangement was made.
c. The Employer must ensure that the individual flexibility arrangement:
i. is in writing; and
ii. includes the name of the Employer and Employee; and
iii. is signed by the Employer and Employee and if the Employee is
under 18 years of age, signed by a parent or guardian of the
http://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s789gc.html#employee
http://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s789gc.html#employee
22
Employee; and
iv. includes details of:
1) the terms of the enterprise agreement that will be varied
by the arrangement; and
2) how the arrangement will vary the effect of the terms; and
3) how the Employee will be better off overall in relation to
the terms and conditions of his or her employment as a
result of the arrangement; and
4) states the day on which the arrangement commences.
d. The Employer must give the Employee a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
29. Public Holidays
a. The days on which New Year’s Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queens Birthday, Labour Day,
Christmas Day and Boxing Day are observed, together with special days
appointed by proclamation as public holidays throughout the State, shall
be recognised as holidays. When taking any of the said holidays, an
employee shall receive payment for the ordinary hours of their rostered
shift and any rostered overtime they would have earned had they not
taken a holiday, but shall not receive any daily allowances, loadings,
penalties or premiums they would otherwise have earned.
b. Where any of the said public holidays are observed (Monday to Friday
inclusive) during an employee’s period of annual leave, the employee is
taken not to be on paid annual leave during the period of the public
holiday (as prescribed by clause 89 of the Fair Work Act).
c. Where any of the said public holidays fall (Monday to Friday inclusive)
on an employee’s rostered day off, then the employee shall be entitled
to an additional paid day added to his/her annual leave period or shall
be paid, in addition to his/her wages for that week, 7 hours 36 minutes
pay for such public holiday.
d. Where an employee is required to work any such holiday and he/she
fails to work as required, no payment shall be made to the employee for
the holiday; provided that this subclause shall not preclude payment
where:
i. the request to work the public holiday was not reasonable;
ii. the employee refused to work and the refusal was reasonable; or
iii. the employee is unable to work on a public holiday because of
illness or injury and would ordinarily qualify for personal leave
under the provisions of this Agreement.
23
e. All time worked by employees on a public holiday shall be paid for at the
rate of double time and a half, with a guarantee of five hours work for
each employee.
f. Where, in a week in which a public holiday falls, an employee’s ordinary
rostered day off is altered so as to coincide with the public holiday,
he/she shall be paid, in addition, at the ordinary rate for the number of
hours he/she would have worked according to his/her normal roster had
the day not been a holiday or, as alternatives, equivalent time off shall
be allowed within one month or added to the employees annual leave.
g. In a week in which a public holiday falls, the employer shall not be
allowed to make up an employee’s ordinary week with an overtime shift
which, under the normal weekly roster, the employee would have
worked had it not been a public holiday.
h. In any week in which a public holiday occurs, the time for which the
employee would normally be rostered to work but for the public holiday
shall be deemed to be time worked for the purpose of determining
whether rostered overtime is payable pursuant to paragraph (i) of
subclause (b) of clause 12, Overtime and Other Penalty Payments.
30. Personal Leave
For the purposes of this Agreement, personal leave is:
a. Sick leave
Paid leave taken because of a personal illness, or injury; or
b. Carer’s leave
Paid or unpaid leave taken to provide care or support to a member of
the employee’s immediate family, or a member of the employee’s
household, who requires care or support because of:
i. A personal illness, or injury, of the member; or
ii. An unexpected emergency affecting the member.
The entitlement to use accrued paid personal leave for carer’s leave
purposes is subject to the employee being responsible for the care of
the person concerned.
c. Employees are entitled to 10 days pro-rata of paid personal leave for each
year of employment. Personal leave will accrue progressively through a
year of service.
d. Notice:
i. To be entitled to personal leave during a period, the employee must
24
give the Company notice in accordance with this clause that the
employee is (or will be) absent from work during the period
because:
1) Of a personal illness, or injury; or
2) The employee is required to provide care or support to a
member of the employee’s immediate family, or a member
of the employee’s household, who requires (or required)
care or support because of personal illness, injury or an
unexpected emergency.
ii. The employee shall provide such notice as soon as is practicable.
iii. Unless it is not reasonably practicable so to do, the employee shall
notify the Company of their absence two hours before their normal
starting time on the first day of the absence, but in any
circumstances within 24 hours of their normal starting time.
iv. Unless it is not reasonably practicable so to do, the employee shall
notify the Company by 4.00 p.m. on the day prior to their return to
duty of their availability to return to normal duties.
e. Documentary evidence
i. To be entitled to payment for personal leave, the employee must
provide the Company with a document (the “required document”)
of whichever of the following types applies:
1) If it is reasonably practicable to do so, a medical certificate
from a registered health practitioner;
2) If it is not reasonably practicable to provide the Company
with a medical certificate, a statutory declaration.
ii. The required document must be given to the Company as soon as
reasonably practicable.
iii. The required document must include a statement to the effect that:
1) If the required document is a medical certificate – in the
registered health practitioner’s opinion, the employee was,
is, or will be unfit for work during the period because of a
personal illness or injury, or that, in the opinion of the
registered health practitioner, the employee’s
family/household member had, has, or will have a personal
illness or injury during the period.
2) If the required document is a statutory declaration – the
employee was, is, or will be unfit for work during the period
because of a personal illness or injury, or that the employee
requires (or required) leave during the period to provide care
or support to the employee’s family/household member
because the member requires (or required) care or support
25
during the period because of a personal illness, or injury, of
the member, or an unexpected emergency affecting the
member.
iv. The documentary evidence requirements of this clause apply to all
personal leave absences of two days or more duration and to all
single-day personal leave absences where personal leave has
already been paid for two or more single-day absences in the same
year.
f. Personal leave shall be fully cumulative
i. Debit for personal leave taken will be calculated on the basis of the
length of the rostered work that the employee would have worked
had the employee been at work.
ii. Employees shall not be entitled to paid leave of absence for any
period in respect of which they are entitled to workers’
compensation.
iii. Where an absence is expected to continue beyond one month, the
employee must contact their supervisor or management to notify
them of the intended length of the absence and the approximate
date upon which the employee will be able to return to work.
iv. Employees agree to act in good faith and to co-operate with the
company in the management of sick leave and absenteeism.
v. Employees are also entitled to a period of up to 2 days unpaid
carer’s leave for each occasion when a member of the employee’s
immediate family or household requires care or support because of
a personal illness or injury or an unexpected emergency affecting
the member. The employee will be entitled to this unpaid carer’s
leave if they have exhausted their paid personal leave entitlement.
Unpaid carer’s leave also applies to casual employees.
31. Compassionate Leave
For the purposes of this Agreement, compassionate leave is paid leave that
may be taken:
a. For the purposes of spending time with a person who:
i. Is a member of the employee’s immediate family (as defined in
The Act) or is a member of the employee’s household; and
ii. Has a personal illness, or injury, that poses a serious threat to his
or her life; or
iii. After the death of a member of the employee’s immediate family
or a member of the employee’s household.
b. Period of compassionate leave
26
Subject to this clause an employee is entitled to a period of 2 days of
compassionate leave for each occasion (a “permissible occasion”)
when a member of the employee’s immediate family or a member of
the employee’s household:
i. Contracts or develops a personal illness that poses a serious
threat to his or her life; or
ii. Sustains a personal injury that poses a serious threat to his or
her life; or
iii. Dies.
However, the employee may be required to provide the company with
evidence that the company reasonably requires to confirm the illness,
injury or death.
c. Taking compassionate leave
If the employee is entitled to a period of compassionate leave under
subclause 36 (a) for a particular permissible occasion, the employee is
entitled to take the compassionate leave as:
i. A single, unbroken period of 2 days; or
ii. Two separate periods of 1 day each; or
iii. Any separate periods to which the employee and
the employee’s supervisor agree,
d. If the employee takes compassionate leave, the company will pay the
employee for that period the amount that the employee would
reasonably have expected to be paid if the employee had worked during
that period.
32. Annual Leave
a. Annual leave shall accrue on the basis of 4 weeks pro-rata annual leave
for each completed year of service. Annual leave will accrue
progressively throughout a year of service.
b. Shiftworkers as defined in clause 5 of this EA will instead receive 5 weeks
pro-rata annual leave for each completed year of service.
c. During a period of annual leave an employee will receive a loading
calculated on the minimum hourly rate set out in Schedule 1, Table 1
Wage Rates.
d. The annual leave loading shall be 25%.
e. Annual leave shall be taken at a mutually agreeable time which best
meets the needs of the business; provided that the Company may direct,
at its discretion, an employee to take up to 10 days annual leave at any
27
time when the employee has annual leave to their credit of more than
20 days.
f. Employees may be required to take annual leave to their credit during
the Christmas / New Year period and / or during the Easter period and/or
during any school holiday period.
33. Parental Leave
Employees are entitled to parental leave in accordance with the National
Employment Standards.
34. Long Service Leave
Employees shall be entitled to long service leave as prescribed in the Long
Service Leave Act 1955, as amended from time to time.
35. Termination/Redundancy
a. Provisions relating to redundancy are provided for in the NES and the
Award. This clause supplements the NES and the Award in relation to
severance pay on redundancy.
b. The employment of a permanent employee may be terminated by the
company with notice in accordance with the following scale:
Period of service with the company Period of notice
1 year or less At least 1 week
Over 1 year and up to 3 years At least 2 weeks
More than 3 years but not more than 5 years At least 3 weeks
More than 5 years At least 4 weeks
c. Employees over 45 years of age at the time of the giving of the notice
with not less than two years continuous service are entitled to an
additional week’s notice.
d. An employee is required to give the company at least 1 weeks’ notice of
termination. If the employee does not provide the required amount of
notice to the company, the company may deduct the value of the period
of notice not given from the employee’s final pay.
e. Where an employee is to be terminated by reason of redundancy, the
employer shall pay the employee the following severance pay in respect
of a continuous period of service:
i. If an employee is under 45 years of age, the employer shall pay
in accordance with the following scale:
Years of service Entitlement
1 year and less than 2 years 4 weeks pay
28
2 years and less than 3 years 7 weeks pay
3 years and less than 4 years 10 weeks pay
4 years and less than 5 years 12 weeks pay
5 years and less than 6 years 14 weeks pay
6 years and over 16 weeks pay
ii. Where an employee is 45 years old or over, the entitlement shall
be in accordance with the following scale:
Years of service Entitlement
1 year and less than 2 years 5 weeks pay
2 years and less than 3 years 8.75 weeks pay
3 years and less than 4 years 12.5 weeks pay
4 years and less than 5 years 15 weeks pay
5 years and less than 6 years 17.5 weeks pay
6 years and over 20 weeks pay
f. “Weeks’ pay” for the purposes of this clause means the all-purpose rate
for the employee concerned at the date of termination, and shall include,
in addition to the ordinary rate of pay, shift penalties and allowances.
36. Salary Sacrifice for Superannuation
a. Notwithstanding anything contained within this EA or the Award and the
Prescribed Rates set out in Schedule 1 of this Agreement, an employee
may elect, subject to the agreement of the company, to sacrifice a
specific amount of their base wage paid under this Agreement to
additional superannuation payments.
b. Any salary sacrifice arrangement entered into under this clause is
subject to taxation and superannuation legislation.
c. Employees are responsible for seeking their own independent financial
advice with respect to salary sacrifice arrangements.
37. Superannuation
a. The Employer shall contribute to a Superannuation Fund on behalf of
employees covered by this Agreement in accordance with its
requirements under the Superannuation Guarantee Administration Act
1992 (Cth).
b. Individual employees have the right to choose their own superannuation
fund.
c. If the employee does not choose a superannuation fund than the
employer shall pay the employee’s superannuation into any fund the
business considers the best performing accessible fund at that time.
38. Signatory page
Date:
SIGNED on behalf of Busways North West Pty Ltd (ACN 643 586 770):
Signature:
Full Name:
Position:
Address:
Date:
Byron Rowe
Managing Director
5 Bridge Street, PYMBLE NSW 2073
30 September 2021
SIGNED on 71a1f of employees:
Signature: ~~
Full Name: Aja{'Siiarma
Position:
Address:
Date:
Driver/Mentor
Clo 5 Bridge Street, PYMBLE NSW 2073
30 September 2021
29
38. Signatory page Date: SIGNED on behalf of Busways North West Pty Ltd (ACN 643 586 770): Place Signature: Full Name: Byron Rowe Position: Managing Director Address: 5 Bridge Street, PYMBLE NSW 2073 Date: 30 September 2021 SIGNED on behalf of employees: Signature: Full Name: Ajay Sharma Position: Driver/Mentor Address: C/o 5 Bridge Street, PYMBLE NSW 2073 Date: 30 September 2021 29
30
SCHEDULE 1 MONETARY RATES
The following schedules (Table 1 and Table 2) Commencing after the date of the Agreement
approval by the Fair Work Commission
Table 1 – Wage Rates
Classifications
Weekly
(38-hours) Per hour
Time &
Half
Double
Time
Double
Time &
Half
Bus Driver 1120.7340 29.4930 44.2395 58.9860 73.7325
Table 2 – Other Rates and Allowances
Item
No
Clause
No. Brief Description
Commencing after the
date of the Agreement
approval by the Fair
Work Commission
1 8(b)(i) Attendance allowance 17.1134
2 8(b)(ii) High-capacity allowance 13.8375
3 16(b)(iii) Meal or crib break away from depot – toilet facilities not
arranged by employer 2.6257
4 16(b)(v) Meal allowance when required to work for two hours or
more after the rostered finishing time 14.2898
5 13(c)(ii) Works a broken shift which finishes later than 10.00 p.m. 3.5626
6 19(c) Meal allowance when no meal break provided under
“Special Hiring” provisions 14.2898
31
SCHEDULE 2 CLASSIFICATIONS
(a) Bus Driver
i. An Employee who principally drives buses requiring a medium rigid or high
rigid licence.
1
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG2021/7660
Applicant: Busways North West Pty Ltd
Section 185 – Application for approval of a single enterprise agreement
Undertaking- Section 190
I, Robert Gibson, Workplace Relations Manager for Busways Group Pty Ltd give the following
undertakings with respect to the Busways Driver/Mentor Enterprise Agreement 2021 ("the
Agreement"):
1. I have the authority given to me by Busways Group Pty Ltd and Busways North West
Pty Ltd to provide this undertaking in relation to the application before the Fair Work
Commission.
2. On termination of employment, employees covered by the Agreement will be paid out
any time off in lieu of overtime rates which has been agreed pursuant to clause
13(b)(vii) but has not been taken, at the overtime rate applicable at the time the
overtime was worked.
3. These undertakings are provided on the basis of issues raised by the Fair Work
Commission in the application before the Fair Work Commission.
____________________________
Signature
8 October 2021
____________________________
Date
