Around Town Tours Pty Ltd

[2015] FWCA 8440

[2015] FWCA 8440

FAIR WORK COMMISSION

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

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