Emerald Coaches Pty Ltd T/A Emerald Coaches

[2019] FWCA 4283

[2019] FWCA 4283

The attached document replaces the document previously issued with the above code on 20 June 2019.

Publication ID and the Print ID (located at the end of the Decision) on initial document were incorrect. The correct codes, Publication ID: AE504022 and Print ID: 709533, have been inserted.

Andrew Dawson

Associate to Commissioner Simpson

Dated 21 June 2019

[2019] FWCA 4283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emerald Coaches Pty Ltd T/A Emerald Coaches
(AG2019/1327)

EMERALD COACHES EMPLOYEES ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER SIMPSON	BRISBANE, 20 JUNE 2019

Application for approval of the Emerald Coaches Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Emerald Coaches Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emerald Coaches Pty Ltd trading as Emerald Coaches.

[2] The Agreement is a single enterprise agreement.

[3] Mr Adam Carter, Queensland Assistant Branch Secretary of the Transport Workers’ Union of Australia (TWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the TWU opposed the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

Objection by TWU

[4] The TWU opposed the Agreement on the grounds that several proposed terms of the Agreement were less beneficial than the equivalent terms and conditions in the Passenger Vehicle Transportation Award 2010 (‘the Award’). The TWU outlined its objections in its Form F18 as follows:

“1. Under clause 10.4(b) of the Award, a part time employee must agree with the employer, before commencing work, the usual hours, days and start and finishing times. All hours in excess of the agreed hours are paid at overtime rates. The agreement does not provide for this.

2. Clause 10(c) of the Agreement provides [for] the employer providing at least 12 hours notice of any change to the working hours of an employee. The Award provides for 24 hours.

3. There is no clause relating to ordinary hours of work per day, or the applicable overtime rates for work outside of ordinary hours, as set out in clauses 21 and 23 of the PVTA.”

[5] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. Copies of these undertakings were provided to the TWU and all bargaining representatives.

[6] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I am further satisfied the undertakings address the concerns of the TWU in relation to the Agreement.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[8] In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 22 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504022 PR709533>

Attachment A.