DECISION

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

Buslines Group Pty Limited T/A Berrima Buslines
(AG2016/644)

BUSLINES GROUP BUS DRIVERS (BERRIMA) ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BULL	SYDNEY, 4 MAY 2016

Application for approval of the Buslines Group Bus Drivers (Berrima) Enterprise Agreement 2015.

[1] An application has been made by Buslines Group Pty Limited (the applicant) for the approval of an enterprise agreement known as the Buslines Group Bus Drivers (Berrima) Enterprise Agreement 2015.(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement covers passenger vehicle drivers at the Berrima depot. As per the requirement under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen.

[3] The employer’s F16 application form indicates that there were no bargaining representatives appointed for the Agreement making process.

Consultation Term

[4] The consultation term at clause 26 of the Agreement does not meet the requirements of s.205(1A) of the Act. The clause does not comprehensively address the requirements of consultation as enunciated in the model term.

[5] Pursuant to s.205(2) of the Act, the model consultation term at Schedule 2.3 of the Fair Work Regulations 2009 will be taken to be a term of the Agreement. A copy of the model consultation term is attached at Annexure A of this decision.

Undertaking

[6] On its own initiative, the applicant has provided an undertaking which states that annual leave loading on termination of employment will be paid on accordance with s.90 of the Act. That undertaking is annexed at Annexure B.

Better off overall test

[7] With respect to the better off overall test (BOOT) under s.186 of the Act, the terms and conditions under the Agreement are more beneficial than the Passenger Vehicle Transportation Award 2010, being the relevant reference instrument for the purposes of the BOOT, including:

1. Significantly higher base rates of pay for both casuals and permanent employees;

2. Greater loadings on annual leave;

3. Increased penalty rates.

Conclusion

[8] Taking into account the higher rates of pay and increased penalty rates under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[9] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Buslines Group Pty Limited T/A Berrima Buslines for the approval of the Buslines Group Bus Drivers (Berrima) Enterprise Agreement 2015. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, ensuring it would be enforceable against the employees it covered. The primary dispute centred on whether the agreement met the legislative requirements for registration, including provisions related to minimum working conditions and employee protections.

The legal issues before the court encompassed whether the agreement provided for adequate minimum working conditions, including wages and penalties, as mandated by the Fair Work Act. Additionally, the court had to determine if the agreement complied with the requirements for genuine bargaining and whether it contained all necessary particulars as stipulated by the Fair Work Regulations. The court also examined if the agreement appropriately addressed the interests of both parties and adhered to the principles of good faith bargaining.

The Fair Work Commission found that the Buslines Group Bus Drivers (Berrima) Enterprise Agreement 2015 was in compliance with the statutory requirements for registration. The court concluded that the agreement provided for appropriate minimum wages and conditions, contained all necessary particulars, and demonstrated evidence of genuine bargaining. The commission noted that the agreement was fair and balanced, addressing the interests of both the employer and the employees, and met the legislative standards for approval.

The Fair Work Commission approved the Buslines Group Bus Drivers (Berrima) Enterprise Agreement 2015, recognising it as a registered agreement under the Fair Work Act. This decision validated the agreement as enforceable between the parties, ensuring that it would provide a legally binding framework for the employment relationship moving forward.

Buslines Group Pty Limited T/A Berrima Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established