Emerald Coaches Pty Ltd

[2015] FWCA 840

[2015] FWCA 840

FAIR WORK COMMISSION

DECISION

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

Emerald Coaches Pty Ltd
(AG2015/117)

EMERALD COACHES EMPLOYEES ENTERPRISE AGREEMENT 2014.

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 5 FEBRUARY 2015

Application for approval of the Emerald Coaches Employees Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Emerald 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 Emerald Coaches Employees Enterprise Agreement 2014 (the ‘Agreement’). The Agreement is to cover 30 employees who are engaged as Passenger Transport Drivers (Bus & Coach Drivers) as per clause 2 of the Agreement. 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 30 October 2014, and voting for the Agreement’s approval took place on 16 January 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 23 of the employees unanimously agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 January 2015 thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Rob Pout, General Manager, identified the Award Passenger Vehicle Transportation Award 2010 as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Poutsaid that the Agreement provides rates of pay that are significantly higher than the award, noting in particular, that the Agreement provides for all employees to be graded at the highest grade, otherwise paid under the Award. He observed that the double time rates of pay for both permanent and casual employees were less beneficial than the Award rate, but the Agreement still satisfies the BOOT. The Agreement provides that rates of pay are to be adjusted on the 1st July each year in accordance with the Consumer Price Index. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 20 and 19 respectively, and a disputes resolution procedure at clause 18 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 3 February 2015, Mr MacDonald, Australian Public Transport Industrial Association, and Mr Pout, General Manager, appeared for the applicant. 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.

[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 Emerald Coaches Employees Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 10 February 2015 and have a nominal expiry date of 10 February 2018.

DEPUTY PRESIDENT

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