DECISION

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

Fallon's Bus Service Pty Ltd
(AG2015/2246)

FALLON'S BUS SERVICE PTY LTD ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 21 APRIL 2015

Application for approval of the Fallon's Bus Service Pty Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Fallon’s Bus Service 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 Fallon’s Bus Service Pty Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with one nominated Employee Bargaining Representative (EBR) and is to 16 employees engaged as bus drivers, cleaners, bowser attendants and school bus supervisors based in Alexandra, 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 28 October 2014 and voting for the Agreement’s approval took place between 18 and 20 March 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 15 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 25 March 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Mr L Fallon, Fleet 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 Fallon said that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, in that it includes reduced casual loadings for some employees and reduced entitlement to overtime. However the Agreement provides for higher rates of pay and a series of continuous service grants. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 24 and 25 respectively, and a disputes resolution procedure at clause 10 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 April 2015, Mr R Lambert, Solicitorappeared with Mr L Fallon for the applicant and Mr J Hunter appeared in his capacity as EBR. 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. He explained that wage rates are to be adjusted on 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 Hunter supported the submissions of Mr Lambert and indicated that he was happy with the Agreement.

[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 Fallon’s Bus Service Pty Ltd Enterprise Agreement 2015. Pursuant to s 54 of the Act, the Agreement shall operate from 17 April 2015 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Fallon's Bus Service Pty Ltd applied to the Fair Work Commission for approval of their 2015 Enterprise Agreement. The agreement was submitted by the employer, Fallon's Bus Service Pty Ltd, and was opposed by the union representing the employees, the Transport Workers Union of Australia. The primary dispute centred around several provisions of the agreement, particularly those relating to employee entitlements, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was free from any illegal or unenforceable content. The Commission also had to consider whether the agreement complied with the "better off overall test," which requires that employees be no worse off financially under the new agreement than they would be under the applicable award or existing agreement.

The Commission found that the agreement met the necessary requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions, and was free from any illegal or unenforceable content. The Commission also found that the agreement satisfied the better off overall test, as employees would not be worse off financially. The Commission approved the agreement, noting that it appropriately balanced the interests of both the employer and the employees, and provided a fair framework for the ongoing employment relationship. The Fair Work Commission approved the Enterprise Agreement, setting out the terms and conditions of employment for the employees of Fallon's Bus Service Pty Ltd.

Fallon's Bus Service Pty Ltd

DECISION

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