DECISION

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

Buslines Group Pty Ltd T/A Northern Rivers Buslines
(AG2015/7197)

BUSLINES GROUP BUS DRIVERS (NORTHERN RIVERS) 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 (Northern Rivers) 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 (Northern Rivers) 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 Northern Rivers 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 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:

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.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Buslines Group Pty Ltd, trading as Northern Rivers Buslines, a dispute arose regarding the approval of the Buslines Group Bus Drivers (Northern Rivers) Enterprise Agreement 2015. The application for approval was heard in the Fair Work Commission. The applicant, Buslines Group Pty Ltd, sought approval of the enterprise agreement, which aimed to regulate the employment terms and conditions for bus drivers employed by the company in the Northern Rivers region of New South Wales. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved assessing whether the enterprise agreement complied with the procedural and substantive requirements under the Fair Work Act. Procedurally, the court needed to consider whether the agreement was made in good faith and whether it was the product of genuine bargaining. Substantively, the court had to determine if the agreement contained appropriate provisions regarding pay and conditions, including minimum rates of pay, leave entitlements, and other employment terms. The court also needed to consider if the agreement provided adequate protection for employees and if it met the criteria for being a "single, integrated, and complete agreement".

The Fair Work Commission found that the Buslines Group Bus Drivers (Northern Rivers) Enterprise Agreement 2015 was made in good faith and was the product of genuine bargaining. The court noted that the agreement contained comprehensive provisions for pay and conditions, including minimum rates of pay and leave entitlements, which were fair and reasonable. The agreement also provided adequate protection for employees and met the criteria for being a "single, integrated, and complete agreement". Consequently, the court approved the enterprise agreement, recognising its compliance with the Fair Work Act.

The Fair Work Commission ordered the approval of the Buslines Group Bus Drivers (Northern Rivers) Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for bus drivers employed by Buslines Group Pty Ltd in the Northern Rivers region of New South Wales.

Buslines Group Pty Ltd T/A Northern Rivers Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established