AAT Kings Coach Company Pty Ltd

[2016] FWCA 3113

[2016] FWCA 3113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AAT Kings Coach Company Pty Ltd
(AG2016/665)

AAT KINGS NSW COLLECTIVE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BULL	SYDNEY, 20 MAY 2016

Application for approval of the AAT Kings NSW Collective Agreement 2015.

[1] An application has been made by AAT Kings Coach Company Pty Ltd (the applicant) for the approval of an enterprise agreement known as the AAT Kings NSW Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement covers all Driver Guides based in NSW. As per the requirement under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen.

Consultation Term

[3] The consultation term at clause 6 of the Agreement does not meet the requirements of s.205(1A) of the Act, as the clause does not specifically address consultation in relation to a change to an employee’s regular roster or ordinary hours of work.

[4] Pursuant to s.205(2) of the Act, the model consultation term at Schedule 2.3 of the Fair Work Regulations 2009 will be taken to be a term of the Agreement. A copy of the model consultation term is attached at Annexure A of this decision.

Dispute Resolution Procedure

[5] Clause 7 of the Agreement did not specify whether employees could nominate their own representative for the purposes of a dispute arising under the dispute settlement procedure.

Undertaking

[6] The applicant has provided an undertaking which rectifies the deficiency within the dispute settlement procedure and ensures that employees can nominate their own representative for the purposes of the dispute settlement procedure. That undertaking is annexed at Annexure B.

Better off overall test

[7] With respect to the better off overall test (BOOT) under s.186 of the Act, the terms and conditions under the Agreement are more beneficial than the Passenger Vehicle Transportation Award 2010, being the relevant reference instrument for the purposes of the BOOT, including higher base rates of pay.

Conclusion

[8] Taking into account the higher rates of pay under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[9] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 26 November 2018.

DEPUTY PRESIDENT

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