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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, AAT Kings Coach Company Pty Ltd applied for the approval of the AAT Kings NSW Collective Agreement 2015. The agreement was proposed to govern the employment terms and conditions of the company's employees in New South Wales. The applicants were AAT Kings Coach Company Pty Ltd, represented by legal counsel, and the respondents were the relevant unions, also represented by their own legal counsel. The crux of the dispute lay in the interpretation and compliance of the proposed agreement with the provisions of the Fair Work Act 2009, particularly concerning the terms regarding wages, hours of work, and other employment conditions.

The central legal issues that the Commission had to address included whether the proposed agreement complied with the statutory requirements under the Fair Work Act and whether it met the criteria for a modern award. Specifically, the Commission examined whether the terms of the agreement adequately protected the rights and interests of the employees, provided for fair compensation, and adhered to the prescribed minimum standards set by the Act. The Commission also needed to assess whether the agreement contained provisions that could be considered unfair or otherwise inconsistent with the broader objectives of the Fair Work Act.

The Fair Work Commission, after thorough deliberation, concluded that the proposed agreement substantially complied with the requirements of the Fair Work Act. The Commission found that the agreement provided fair and reasonable terms and conditions of employment, ensuring that employees' rights and interests were protected. The Commission noted that while there were minor discrepancies, these did not significantly detract from the overall fairness and compliance of the agreement. Consequently, the Commission approved the AAT Kings NSW Collective Agreement 2015, subject to the conditions and provisions outlined in the approved agreement. The decision was made in the interest of maintaining fair and effective industrial relations between the employer and the employees.

AAT Kings Coach Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established