Cooma Coaches Pty Ltd

[2016] FWCA 4888

[2016] FWCA 4888

FAIR WORK COMMISSION

DECISION

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

Cooma Coaches Pty Ltd
(AG2016/1438)

COOMA COACHES PASSENGER VEHICLE DRIVERS ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BULL	SYDNEY, 26 JULY 2016

Application for approval of the Cooma Coaches Passenger Vehicle Drivers Enterprise Agreement 2016

[1] An application has been made by Cooma Coaches Pty Ltd (the Applicant) for the approval of an enterprise agreement known as the Cooma Coaches Passenger Vehicle Drivers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement covers all employees who are employed wholly or principally by the company as bus drivers providing services under a Rural or Regional Bus Industry Contract. As per the requirement under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen.

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

[5] With respect to the better off overall test (BOOT) under s.186 of the Act, the base rates of pay under the Agreement are significantly higher than the rates under the Passenger Vehicle Transportation Award 2010 (the Award), being the relevant reference instrument for the purposes of the BOOT. However, the weekend penalty rates under the Agreement are lower than those set out under the Award.

[6] On 16 June 2016 the Commission wrote to the Applicant with concerns that casual employees who work regularly on weekends would be worse off under the Agreement. On 30 June 2016 the Applicant provided an undertaking which is annexed to this decision (Annexure B). I am confident that the undertaking remedies this issue.

Conclusion

[7] Taking into account the higher rates of pay under the Agreement when read in conjunction with the undertaking and when compared with the Award, I am satisfied that the Agreement results in employees being better off under the Agreement. The undertaking should be brought to the attention of the employees.

[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 7 days from approval. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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Annexure A

Annexure B