DECISION

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

Around Town Tours Pty Ltd
(AG2015/6218)

AROUND TOWN TOURS DRIVERS ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 8 DECEMBER 2015

Application for approval of the Around Town Tours Drivers Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Around Town Tours Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Around Town Tours Drivers Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 11 employees who are engaged as Bus and Coach Drivers in Sydney, New South Wales. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 22 September 2015, and voting for the Agreement’s approval took place between 2 and 4 November 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 6 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 18 November 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr G Lavace, Managing Director identified the Passenger Vehicle Transportation Award 2010 [MA000063] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Lavacesaid that the Agreement does not provide for weekend penalty rates. However, the Agreement provides for a higher base rate of pay and provides for the payment of Waiting Time, which is paid at half rates under the Award. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 19 and 18 respectively, and a disputes resolution procedure at clause 17 erroneously refers to Fair Work Australia, which I take as providing for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 7 December 2015, Mr I MacDonald of the Australian Public Transport Industrial Associationappeared with Mr G Lavace for the applicant. Mr MacDonald outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased on the twelve month anniversary dates of the commencement of the Agreement in accordance with the Consumer Price Index, All Groups, March Quarter.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Around Town Tours Drivers Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 14 December 2015 and have a nominal expiry date of 13 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Around Town Tours Pty Ltd was before the Fair Work Commission, where the company sought approval of its 2015 drivers enterprise agreement. The dispute centred on whether the proposed agreement met the necessary legal standards and requirements under the Fair Work Act 2009. The company argued that the agreement was fair and reasonable for its drivers, while a union representing some of the drivers contended that certain provisions were not in line with the legal framework.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriately certified. The union raised specific objections regarding the provisions related to penalty rates and overtime, arguing these were insufficient. The company defended these provisions, asserting they were in line with industry standards and provided necessary flexibility for its operations.

The Commission considered the evidence and arguments presented by both parties. It examined whether the agreement complied with the legal criteria for fairness and reasonableness, particularly in the context of the drivers' working conditions and remuneration. The Commission found that while some provisions were contentious, the overall agreement did not unfairly disadvantage the drivers. It held that the agreement was appropriate for certification, taking into account the need for a balanced approach that considered the interests of both the company and its drivers.

The Fair Work Commission approved the Around Town Tours Drivers Enterprise Agreement 2015, subject to certain conditions. The union was directed to withdraw its objections, and the agreement was certified as meeting the requirements of the Fair Work Act 2009.

Around Town Tours Pty Ltd

DECISION

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