Buslines Group Pty Ltd

[2016] FWCA 135

[2016] FWCA 135

DECISION

Fair Work Act 2009

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

Buslines Group Pty Ltd T/A Ballina Buslines

(AG2015/7195)

BUSLINES GROUP BUS DRIVERS (BALLINA) ENTERPRISE

AGREEMENT 2015

Passenger vehicle transport (non- rail) industry

DEPUTY PRESIDENT BULL SYDNEY, 19 JANUARY 2016

Application for approval of the Buslines Group Bus Drivers (Ballina) Enterprise Agreement

2015

[1]        An application has been made by Business Group Pty Ltd (the applicant) for the

approval of an enterprise agreement known as the Buslines Group Bus Drivers (Ballina)

Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of

the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2]        The Agreement covers passenger vehicle drivers engaged at the Ballina depot by the

applicant.

[3]        An undertaking was filed in conjunction with the application in relation to cl. 28

(Annual Leave) of the Agreement. The undertaking relates to the payment of leave loading on

termination of employment. Pursuant to s.190 of the Act, I accept the undertaking provided. A

copy of the undertaking is attached to this decision at Annexure A and forms part of the

Agreement.

Consideration

[4]        The Passenger Vehicle Transportation Award 2010 (the Award) is the relevant

reference instrument with respect to the better off overall test (BOOT) as required under s.186

of the Act.

[5]        The Agreement does not provide a 15% penalty loading for time worked after 7pm or

before 6am, which employees would otherwise be entitled under the Award.

[6]         However, the Agreement offers greater entitlements when compared to the Award:

[2016] FWCA 135

1.   Significantly higher rates of pay under the Agreement for permanent and

casual employees (ranging from 20-25% higher than the corresponding

minimum rate of pay under the Award);

2.    Driver conductor allowance entitlement which is not offered under the Award;

and

3.    An increased annual leave loading of 25% under the Agreement compared to a

17.5% loading under the Award.

Approval

[7]        Taking into account the greater entitlements and higher rates of pay under the

Agreement when compared to the Award, I am satisfied that the Agreement results in

employees being better off under the Agreement.

[8]        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.

[9]        The Agreement is approved. In accordance with s.54(1), the Agreement will operate

from 26 January 2016. The nominal expiry date of the Agreement is 30 June 2019.

[2016] FWCA 135

Annexure A

Printed by authority of the Commonwealth Government Printer

<Price code A, AE417376 , PR575927>

DEPUTY PRESIDENT