Cole's Coaches Pty Lts T/A Cole's Coaches Warrnambool

[2015] FWCA 6488

[2015] FWCA 6488

FAIR WORK COMMISSION

DECISION

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

Cole's Coaches Pty Lts T/A Cole's Coaches Warrnambool
(AG2015/5395)

COLE'S COACHES PTY LTD ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 21 SEPTEMBER 2015

Application for approval of the Cole's Coaches Pty Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Cole’s Coaches Pty Ltd t/as Cole’s Coaches Warnnambool (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Cole’s Coaches Pty Ltd Enterprise Agreement 2015. (the ‘Agreement’). The Agreement was negotiated with Mr I Smart, a nominated Employee Bargaining Representative (EBR) and is to cover 19 employees who are employed by the applicant as Bus and Coach Drivers based in Warrnambool, Victoria. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 8 May 2015 and voting for the Agreement’s approval took place between 17 and 20 August 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 15 of the 17 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 4 September 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr J Cole, Managing Director identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the Transport Workers (Passenger Vehicles) Award 2002 [AP818060] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Colesaid that the Agreement does provide for one condition that is less beneficial than the reference instruments, being reduced casual loadings for work performed by employees in satisfaction of contractual arrangements the applicant has with the Victorian State Government. However, the Agreement provides for higher rates of pay and a series of continuous services grants. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 15 and 16 respectively, and a disputes resolution procedure at clause 14 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 17 September 2015, Mr R Lambert, Solicitor,appeared with Mr J Cole for the applicant and Mr I Smart appeared in his capacity as EBR. Mr Lambert outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that wage rates are to be adjusted on 1 January and 1 July during the nominal term of the Agreement by reference to percentage changes between average weekly earnings in the preceding May to November and November to May, respectively. Mr Smart supported the submissions of the applicant and had filed a Declaration in relation to the application (Form F18A) indicating that the employees he represented, supported the approval of the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Cole’s Coaches Pty Ltd Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 24 September 2015 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

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