Fallon's Wangaratta Family Trust T/A Fallon's Wangaratta

[2015] FWCA 2671

[2015] FWCA 2671

FAIR WORK COMMISSION

DECISION

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

Fallon's Wangaratta Family Trust T/A Fallon's Wangaratta
(AG2015/2233)

FALLON'S WANGARATTA 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 Wangaratta 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 Wangaratta Family Trust t/as Fallon’s Wangaratta (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 Wangaratta Pty Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with two nominated Employee Bargaining Representatives and is to cover 25 employees who are engaged as bus drivers, cleaners, bowser attendants and school bus supervisors, based in Wangaratta, 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 29 October 2014, and voting for the Agreement’s approval took place between 10 and 16 March 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 17 of the 19 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 20 March 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr B Fallon, General 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 Fallonsaid that the Agreement does provide for some terms and conditions that there 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 appeared with Mr B Fallon for the applicant. Mr K Rix appeared in his capacity as EBR. Mr R 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 Rix supported the submissions of Mr Lambert and had filed a Form F18A Declaration indicating that the employees he represented supported the approval of the Agreement. The Transport Workers’ Union of Australia (the ‘Union’) did not appear, but had 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). This was not objected to by the applicant. For the purposes of s 201(2) of the Act, I note that the Union is to be covered by 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 Wangaratta 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

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