Buslines Group Pty Limited T/A Berrima Buslines

[2016] FWCA 2669

[2016] FWCA 2669

FAIR WORK COMMISSION

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

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