Falls Creek Coach Service Pty Ltd t/as Falls Creek Coach Service

[2015] FWCA 4150

[2015] FWCA 4150

FAIR WORK COMMISSION

DECISION

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

Falls Creek Coach Service Pty Ltd t/as Falls Creek Coach Service
(AG2015/2916)

FALLS CREEK COACH SERVICE PTY LTD ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 22 JUNE 2015

Application for approval of the Falls Creek Coach 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 Falls Creek Coach Service Pty t/as Falls Creek Coach Service (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Falls Creek Coach Service Pty Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with two nominated Employee Bargaining Representatives (EBRs) and is to cover 10 employees who are employed as Bus Drivers and Ticket Sellers/Reservation Staff based in Tawonga South, 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 27 October 2014, and voting for the Agreement’s approval took place between 21 and 26 May 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 8 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 4 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr H 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 Fallon said that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including reduced casual loadings for some employees and less generous overtime entitlements. 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, mediation and arbitration by the Commission.

[4] At a hearing of the application on 17 June 2015, Mr R Lambert,appeared with Mr H Fallon for the applicant and Ms J Holden appeared in her capacity as a nominated 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. Ms Holden supported the submissions of Mr Lambert and indicated that she 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 Falls Creek Coach Service Pty Ltd Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 24 June 2015 and have a nominal expiry date of 30 March 2018.

DEPUTY PRESIDENT

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