Bacchus Marsh Coaches Pty Ltd t/as Gold Bus Ballarat

[2015] FWCA 1686

[2015] FWCA 1686

FAIR WORK COMMISSION

DECISION

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

Bacchus Marsh Coaches Pty Ltd t/as Gold Bus Ballarat
(AG2015/2030)

GOLD BUS ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 MARCH 2015

Application for approval of the Gold Bus Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Bacchus Marsh Coaches Pty Ltd t/as Gold Bus Ballarat (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Gold Bus Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with four nominated Employee Bargaining Representatives (EBRs) and is to cover 56 employees who are employed as Bus Drivers and School Bus Supervisors based in Delacombe, Victoria. I note that the applicant also employs administrative and workshop staff. 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 in November 2014 and voting for the Agreement’s approval took place between 19 and 23 February 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 28 of the 50 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 2 March 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Huntington, General Manager, 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’). Mr Huntingtonsaid that the Agreement did provide for one condition less beneficial than those under the reference instruments, in that voluntary (as opposed to rostered) overtime is to be paid at a flat hourly rate. However, the Agreement provides for higher rates of pay and a series of continuous service grants. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 15 and 16 respectively, and a disputes resolution procedure at clause 14 provides for mediation by an independent Mediator and then conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 March 2015, Mr R Lambert appeared with Mr R Huntington for the applicant and Mr B Ryan and Mr T Van Der Linden appeared in the respective capacities as EBRs. Mr Lambert 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. Wage rates are to be adjusted on 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 Ryan and Mr Van der Linden supported the submissions of Mr Lambert. They and one other of the four EBRs had lodged Form F18A Declarations in relation to the application supporting the approval of 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 Gold Bus Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 17 March 2015 and have a nominal expiry date of 31 August 2017.

DEPUTY PRESIDENT

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