B&G Christian Pty Ltd T/A Christians Bus Company

[2014] FWCA 7462

[2014] FWCA 7462

FAIR WORK COMMISSION

DECISION

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

B&G Christian Pty Ltd T/A Christians Bus Company
(AG2014/9337)

B&G CHRISTIAN PTY LTD TRADING AS CHRISTIANS BUS CO ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 30 OCTOBER 2014

Application for approval of the B&G Christian Pty Ltd trading as Christians Bus Co Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by B&G Christian Pty Ltd t/as Christians Bus Company(the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the B&G Christian Pty Ltd trading as Christians Bus Co Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and two nominated Employee Bargaining Representatives (EBRs). It is to cover 70 employees who are are employed as Bus Drivers, Conductors, Ticket Sellers, Cleaners, Greasers and Bowser Attendants in Golden Square, Victoria. 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 16 May 2014, and voting for the Agreement’s approval took place between 1 and 12 September 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 54 of 57 the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 10 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms R Christian, Human Resources, identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the Transport Workers (Passenger Vehicles) Award 2002 [AP818060] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Christiansaid that the Agreement provides for a number of terms and conditions that are more beneficial than those under the reference instruments and that there are no less beneficial conditions. The Agreement provides for higher rates of pay, the provision of a continuous service grant and a number of allowances not provided for in the Modern Award. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 19 and 20 respectively. A disputes resolution procedure at clause 12 erroneously refers to conciliation and arbitration by Fair Work Australia, but I take this to mean the Commission.

[4] At a hearing of the application on 17 October 2014, Ms R Christian appeared for the applicant, Mr B Lean for the Union and Mr J Finlay and Mr K Nolan appeared in their respective capacities as EBRs. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. I also note that both Mr Finlay and Mr Nolan had filed Declarations in relation to the application (Form 18A) setting out that the employees who they represented supported the approval of the Agreement. Ms Christian 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. She explained that rates of pay are to be increased on each 1 January and 1 July, during the nominal term of the Agreement, by reference to percentage changes between average weekly earnings in the preceding May to November and November to May, respectively. Mr Lean, Mr Finlay and Mr Nolan supported the submissions of Ms Christian.

[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 B&G Christian Pty Ltd trading as Christians Bus Co Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 24 October 2014 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

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