Cranbourne Transit Pty Ltd T/A Cranbourne Transit

[2014] FWCA 4872

[2014] FWCA 4872

FAIR WORK COMMISSION

DECISION

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

Cranbourne Transit Pty Ltd T/A Cranbourne Transit
(AG2014/6741)

CRANBOURNE TRANSIT PTY LTD ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 30 JULY 2014

Application for approval of the Cranbourne Transit Pty Ltd Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Cranbourne Transit Pty Ltd t/a Cranbourne Transit (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Cranbourne Transit Pty Ltd Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with Transport Workers’ Union of Australia Victorian/Tasmanian Branch (the ‘Union’) and is to cover 80 employees who are employed as bus drivers at the applicant’s various bus depots in and around Cranbourne. 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 2 June 2014, and voting for the Agreement’s approval commenced on 24 June 2014 and concluded on 26 June 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 53 employees who voted, unanimously agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 July 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr David Ratner, General Manager, identified the Transport Workers (Passenger Vehicles) Award 2002 [AP818060] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Ratnersaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instrument, including higher rates of pay. There are no less beneficial terms. Rates of pay are to be increased on 1 January and 1 June on each year during the nominal term of the Agreement in accordance with the Average Weekly Earnings, States and Territories: Trend (Section 11), persons, full time adult ordinary time earnings, Victoria, as published by the Australian Bureau of Statistics (‘ABS’), and monetary allowances listed in schedule C will move in line with and at the same time as the allowances under the Parent Award or based on percentage movement in the ‘All groups’ index published by the ABS for the Eight Capitals Consumer Price Index (Cat No. 6401.0). I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 18 and 19 respectively, and a disputes resolution procedure at clause 12 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 21 July 2014, Mr Ratner, General Manager,appeared for the applicant. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Ratner 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.

[5] Having heard the applicant’s 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 Cranbourne Transit Pty Ltd Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 28 July 2014 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Price code J, AE409177  PR553345