Crown Coaches Pty Ltd

[2014] FWCA 7252

[2014] FWCA 7252

FAIR WORK COMMISSION

DECISION

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

Crown Coaches Pty Ltd
(AG2014/9214)

CROWN COACHES PTY LTD ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 16 OCTOBER 2014

Application for approval of the Crown Coaches Pty Ltd Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Crown Coaches Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Crown Coaches Pty Ltd Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and Mr M Cherry, a non-Union Employee Bargaining Representative (EBR). The Agreement is to cover 208 employees who are employed as Bus Drivers, Conductors, Ticket Sellers, Cleaners, Greasers and Bowser Attendants in and around the Eastern Suburbs of Melbourne, 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 11 June 2014, and voting for the Agreement’s approval took place on 18-19 September 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 129 of the 181 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 1 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr I McKean, General Manager 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 McKeansaid 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 instruments and that there are no less beneficial terms. However, this is not strictly true, as there is some reduction to penalty rates for work performed on weekends and public holidays which has then been loaded into higher base rates of pay. The Agreement also provides for a continuous service grant for full time, eligible employees. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 17 and 18 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 13 October 2014, Mr R Lambert of Wintergreen Australia Pty Ltdappeared with Mr I McKean for the applicant and Mr M Cherry appeared in his capacity as EBR. The Union did not appear, but 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 Cherry had also filed a Declaration in relation to the application (Form 18A) setting out that the employees he represented supported the approval of the Agreement. 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. Mr Lambert explained that rates or pay are to be increased on each 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 Cherry supported the submissions of Mr Lambert.

[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 Crown Coaches Pty Ltd Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 20 October 2014 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

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