Buslines Group Pty Ltd T/A Wingham Buslines

[2016] FWCA 4496

[2016] FWCA 4496

FAIR WORK COMMISSION

DECISION

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

Buslines Group Pty Ltd T/A Wingham Buslines
(AG2016/1493)

BUSLINES GROUP BUS DRIVERS (WINGHAM) ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BULL	SYDNEY, 8 JULY 2016

Application for approval of the Buslines Group Bus Drivers (Wingham) 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 (Wingham) 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 Wingham 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.

Flexibility term

[3] The flexibility term at clause 27 of the Agreement does not meet the requirements of
s.203(2)(b) of the Act.  The term does not require an individual flexibility arrangement to be about permitted matters and to not include unlawful terms.

[4] Pursuant to s. 203(2)(b) of the Act, the model consultation term at Schedule 2.2 of the Fair Work Regulations 2009 will be taken to be a term of the Agreement and is attached at Annexure A of this decision.

Better off overall test (BOOT)

[5] 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.

[6] 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

[7] 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 overall 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 15 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

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Annexure A