28B   Service contracts for regular bus services

(1)  A service contract for a regular bus service is to be for a term not exceeding 8 years.

(2)  A service contract for a regular bus service may specify a region or route of operation for the contract by reference to any bus service contract region, strategic transport corridor, transitway route, emergency route or other geographical area or route of travel (or by reference to any combination of these).

(3)  TfNSW must, if the regulations so provide, refuse to enter into a service contract for a regular bus service if the proposed holder is already the holder of such number and kind of other service contracts for regular bus services as may be prescribed by the regulations.

(4)  A service contract for a regular bus service is taken to include a term to the effect that the holder of the contract must comply with the holder’s obligations under any industrial instrument applicable to the holder concerning the conditions of employment of bus drivers or conductors (or both) as in force from time to time during the term of the contract.

(5)  Any contravention of the term implied in a service contract by subsection (4) may be remedied at law or in equity as though the term were an essential term to which the parties had by contract agreed.

(6)  In this section, industrial instrument means:

(a)  an industrial instrument within the meaning of the Industrial Relations Act 1996, or

(b)  an award or agreement made or entered into in accordance with the provisions of the Workplace Relations Act 1996 of the Commonwealth.