Buslines Group Pty Ltd

[2016] FWCA 2691

[2016] FWCA 2691

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Buslines Group Pty Ltd T/A Picton Buslines

(AG2016/645)

PICTON BUSLINES PTY LIMITED- A MEMBER OF BUSLINES

GROUP- BUS DRIVERS ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry

DEPUTY PRESIDENT BULL SYDNEY, 4 MAY 2016

Application for approval of the Picton Buslines Pty Limited -a Member of Buslines Group -

Bus Drivers 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 Picton Buslines Pty Limited -a Member of

Buslines Group - Bus Drivers 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 Picton 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 application form F16 indicates that there were no bargaining

representatives appointed for the negotiation of the Agreement.

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
[2016] FWCA 2691

[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.

[2016] FWCA 2691

[2016] FWCA 2691

[2016] FWCA 2691

[2016] FWCA 2691

DEPUTY PRESIDENT

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