The applicant, a casual bus driver employed by the respondent, contested his pay, claiming entitlement to a higher pass-through rate under the Evergreen Contract governing his route. After discovering his pay was below the pass-through rate in early 2021, the applicant sought advice from the Public Transport Authority of Western Australia (PTA), which confirmed the route was covered by an Evergreen Contract and advised him to address the issue with his employer. The applicant then filed a claim for denial of contractual benefits.

Commissioner Kucera applied a five-limbed test, which examines the necessity of an implied term for the contract's effectiveness, determining that there is no implied term in the applicant’s contract of employment to pay the pass-through rate. Additionally, the Commissioner determined that jurisdiction over the contract's enforcement lay with the PTA.

Commissioner Kucera noted that any obligation to pay this rate should be resolved directly between the PTA and the respondent and recommended that the PTA review compliance with the Evergreen Contract to address and resolve any wage concerns. Accordingly, the application was dismissed.

The decision can be read here.