EWD Consulting

[2014] FWCA 3640

[2014] FWCA 3640

FAIR WORK COMMISSION

DECISION

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

EWD Consulting
(AG2014/6076)

DUNNS BUS SERVICE PTY. LTD. ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 JUNE 2014

Application for approval of the Dunns Bus Service Pty. Ltd. Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by EWD Consulting (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Dunns Bus Service Pty. Ltd. Enterprise Agreement 2014 (the ‘Agreement’). The Agreement is to cover 8 employees who are employed as bus drivers, mechanics and in clerical roles by Dunn’s Bus Service Pty. Ltd (the ‘employer’) in and around Kadina, South Australia.

[2] The employees were last notified of their representational rights on 10 February 2014, and voting for the Agreement’s approval took place between 6 and 14 May 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 7 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 19 May 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr P Dunn, Managing Director, identified the following instruments as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’):

• Passenger Vehicle Transportation Award 2010 [MA000063];



• Manufacturing and Associated Industries and Occupations Award 2010 [MA000010];



• Clerks - Private Sector Award 2010 [MA000002];



• Transport Workers (Passenger Vehicle) Award 2002 [AP818060];



• Metal Industry (South Australia) Award [AN150082]; and



• Clerks’ (South Australia) Award [AN150039].

[4] Mr Dunnsaid that the Agreement does provide for two conditions that are less beneficial than the reference instruments, being one hour minimum engagements for Bus Drivers engaged exclusively on school bus runs and the removal of annual leave loading (which effects only one employee). However, the Agreement provides for terms and conditions that are more beneficial than those under the reference instruments, including higher rates of pay and cashing out of annual leave. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 3.4 and 3.2 respectively, and a disputes resolution procedure at clause 3.3 provides for conciliation and arbitration by the Commission.

[5] At a hearing of the application on 2 June 2014, Mr T Davis appeared for the applicant and Mr P Dunn for the employer. Mr Davis 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 Dunn explained that the majority of the employer’s business was taken up in school bus runs in a fairly small community and that the employer did little charter work. Mr Davis submitted that the rates of pay were 1-2% above those under the reference instruments. Rates of pay are to be increased on 1 July of each year during the nominal term of the Agreement in accordance with the rates of pay set out at Schedule 1 or in accordance with the Commission’s Minimum Wage Review Decision, whichever is the higher.

[6] 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 Dunns Bus Service Pty. Ltd. Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 9 June 2014 and have a nominal expiry date of 31 March 2017.

DEPUTY PRESIDENT

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