DECISION

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

Buslines Group Pty Ltd T/A Bathurst Buslines
(AG2016/1491)

BUSLINES GROUP BUS DRIVERS (BATHURST) ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non- rail) industry
DEPUTY PRESIDENT BULL	SYDNEY, 5 JULY 2016

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

[1] An application has been made by Buslines Group Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Buslines Group Bus Drivers (Bathurst) 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 who are engaged at the applicant’s Bathurst depot. Pursuant to s.186(3) of the Act, I am satisfied that the group of employees was fairly chosen based on the operational and geographical distinctiveness of the proposed coverage.

Better off overall test (BOOT)

[3] 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.

[4] The Agreement does not provide a penalty loading for work performed before 6am or after 7pm, which employees would otherwise be entitled to under the Award. However, there are a number of terms that are more beneficial under the Agreement in comparison to the Award:

a) Significantly higher rates of pay;

b) Double time penalty rate for overtime applies after 2 hours in excess of ordinary hours (double time applies after 3 hours under the Award); and

c) Higher annual leave loading (17.5% under the Award compared to 25% under the Agreement)

Approval

[5] Taking into account the more beneficial terms under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[6] 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.

[7] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 12 July 2016. 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

In the recent case of Buslines Group Pty Ltd T/A Bathurst Buslines, the Fair Work Commission was tasked with approving the Buslines Group Bus Drivers (Bathurst) Enterprise Agreement 2015. The applicant, Buslines Group, sought the Commission's approval for the proposed agreement, which aimed to govern the employment conditions of bus drivers under their Bathurst operations. The dispute primarily revolved around whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, including provisions for minimum wages, leave entitlements, and other employment conditions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it was made in good faith and without coercion. The Commission had to consider the specific provisions of the agreement, such as the rates of pay, the classification of employees, and the various leave entitlements. Additionally, the Commission needed to ensure that the agreement complied with the requirements of the Fair Work Act, including the 'better off overall test' which mandates that employees should not be worse off under the new agreement compared to their previous conditions.

In delivering its decision, the Commission thoroughly examined the proposed agreement against the statutory framework. It assessed the fairness of the terms, including wage rates and leave provisions, in the context of industry standards and the economic circumstances of the parties. The Commission determined that the proposed agreement was fair and reasonable, meeting the requirements of the Act. It found that the agreement provided for appropriate protections and benefits for employees, and that it was made in good faith. Consequently, the Commission approved the Buslines Group Bus Drivers (Bathurst) Enterprise Agreement 2015.

The final orders of the Commission were that the proposed agreement be approved as a certified agreement, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment of bus drivers under Buslines Group’s Bathurst operations, providing a legally binding framework for the parties involved.

Buslines Group Pty Ltd T/A Bathurst Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established