BIC Coaches Pty Ltd t/as Bribie Island Coaches

[2014] FWCA 8010

[2014] FWCA 8010

FAIR WORK COMMISSION

DECISION

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

BIC Coaches Pty Ltd t/as Bribie Island Coaches
(AG2014/8004)

BRIBIE ISLAND COACHES ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 13 NOVEMBER 2014

Application for approval of the Bribie Island Coaches Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by BIC Coaches Pty Ltd t/as Bribie Island Coaches (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Bribie Island Coaches Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and Mr G Eaves a nominated Employee Bargaining Representative (EBR). The Agreement is to cover 38 employees who are employed in the applicant’s bus and coach business, other than administrative employees. 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 2 June 2014, and voting for the Agreement’s approval took place between 13 and 15 October 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 29 of the 33 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 28 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Michael, Manager, identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Michaelsaid that the Agreement provides for higher rates of pay and there are no less beneficial terms. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 18 and 17 respectively, and a disputes resolution procedure at clause 15 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 7 November 2014, Mr G Power appeared with Mr M Michael for the applicant, Ms M Cerrato for the Union and Mr G Eaves in his capacity as EBR. 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. Mr Power 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 in 2015, 2016 and 2017 in accordance with changes in the Wage Price Index as determined by Translink. Ms Cerrato and Mr Eaves supported the submissions of Mr Power and Mr Michael.

[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 Bribie Island Coaches Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 14 November 2014 and have a nominal expiry date of 31 May 2018.

DEPUTY PRESIDENT

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