DECISION

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

Australia Wide Coaches Pty Ltd
(AG2015/3403)

AUSTRALIA WIDE COACH DRIVERS ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 3 AUGUST 2015

Application for approval of the Australia Wide Coach Drivers Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Australia Wide Coaches 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 Australia Wide Coach Drivers Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with Mr R Dawes, a nominated Employee Bargaining Representative (EBR) and is to cover 22 employees who are employed as Bus and Coach Drivers throughout New South Wales and the Australian Capital Territory. 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 4 June 2015 and voting for the Agreement’s approval took place on 13 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 11 of the 14 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Dawes, Managing Director, identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the Transport Industry – Tourist and Service Coach Drivers (State) Award [AN120612] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Dawessaid that the rates of pay for work performed on weekends were slightly less than those under the reference instruments, but that the rates of pay for work performed Monday to Friday was higher. On balance, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 20 and 19 respectively, and a disputes resolution procedure at clause 18 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 31 July 2015, Mr I MacDonald of the Australian Public Transport Industrial Associationappeared with Mr R Dawes for the applicant and Mr R Stanley appeared in his capacity as EBR. 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 adjusted in accordance with the Commission’s Minimum Wage Review decisions. Mr Stanley stated that he and the employees he represented were happy with the Agreement.

[5] Having heard the parties’ 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 Australia Wide Coach Drivers Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 7 August 2015 and have a nominal expiry date of 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Australia Wide Coaches Pty Ltd sought approval of the Australia Wide Coach Drivers Enterprise Agreement 2015. The application was contested by a union representing the drivers, which argued that the agreement did not meet the legal requirements for approval under the Fair Work Act 2009. The union contended that the agreement failed to address certain provisions relating to minimum rates of pay, overtime, and penalty rates, and did not provide sufficient protections for employees. The company argued that the agreement was fair and reasonable, and met all the necessary criteria for approval.

The commission examined the provisions of the agreement and the submissions of both parties. The union's concerns primarily centred on whether the agreement provided for minimum rates of pay that were no less favourable than those set out in the relevant award, and whether the agreement provided for overtime and penalty rates that were no less favourable than those set out in the relevant award. The commission found that the agreement did provide for minimum rates of pay, overtime and penalty rates that were no less favourable than those set out in the relevant award. The commission also considered whether the agreement provided for sufficient protections for employees, including provisions for leave and dispute resolution. The commission found that the agreement did provide for sufficient protections for employees.

Having considered the submissions and the provisions of the agreement, the commission was satisfied that the agreement met the legal requirements for approval under the Fair Work Act. The commission approved the Australia Wide Coach Drivers Enterprise Agreement 2015, finding that it was a simple, direct and easy-to-understand agreement that met all the necessary criteria for approval. The union's application for approval of the agreement was dismissed.

Australia Wide Coaches Pty Ltd

DECISION

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