Edwards Coaches Pty Ltd

[2014] FWCA 5592

[2014] FWCA 5592

FAIR WORK COMMISSION

DECISION

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

Edwards Coaches Pty Ltd
(AG2014/1914)

EDWARDS COACHES FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 18 AUGUST 2014

Application for approval of the Edwards Coaches Fair Work Agreement 2012.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Edwards 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 Edwards Coaches Fair Work Agreement 2012 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and eleven non-Union Employee Bargaining Representatives. It is to cover 37 employees who are employed as Route Service and School Bus Drivers in and around Armidale, New South Wales. I note the applicant also employs mechanics and administrative and clerical staff, who are covered by other industrial instruments. 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 20 June 2014, and voting for the Agreement’s approval took place on 16 July 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 16 of the 27 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 25 July 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms R Frost, Manager, identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the Transport Industry - Motor Bus Drivers and Conductors (State) Award [AN120607] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Frostsaid that the Agreement does provide for one condition that is less beneficial than the reference instruments, in that a penalty rate for work performed after 7:00pm or before 6:00am has been removed. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the reference instruments, including higher rates of pay, higher annual leave loading and an allowance of $14.32 per shift for issuing of tickets and fares. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 27 and 26 respectively, and a disputes resolution procedure at clause 25 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 12 August 2014, Mr I MacDonald of the Australian Public Transport Industrial Association,appeared with Ms R Frost for the applicant and a number of employees appeared in their respective capacities as non-Union Employee Bargaining Representatives. The Union did not appear but 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 MacDonald 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 the rates of pay are to be increased by 3.5% on 1 July 2012, 3.3% on 1 July 2013 and 3.3% on 1 July 2014 and that these increases have already been paid. Ms Frost said that the applicant had been operating for over 54 years. The Employee Bargaining Representatives supported the submissions of the applicant.

[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 Edwards Coaches Fair Work Agreement 2012.Pursuant to s 54 of the Act, the Agreement shall operate from 19 August 2014 and have a nominal expiry date of 30 June 2015.

DEPUTY PRESIDENT

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