GR Hopkinson (Transport) Pty Limited Summary

[2013] FWCA 8988

FAIR WORK COMMISSION

DECISION

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

GR Hopkinson (Transport) Pty Limited
(AG2013/10006)

HOPKINSON'S COACH AND CHARTER DRIVERS ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 15 NOVEMBER 2013

Application for approval of the Hopkinson's Coach and Charter Drivers Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by GR Hopkinson (Transport) Pty Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Hopkinson’s Coach and Charter Drivers Enterprise Agreement 2013 (the ‘Agreement’). The Agreement is to cover 13 employees who are employed as coach and charter drivers. I note that there are 12 further employees who are employed as mechanics or in administrative capacities. 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 11 July 2013, and voting for the Agreement’s approval took place on 24 October 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a vote of 13 of the employees, 12 employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 15 November 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr P Baker, General Manager, identified the Passenger Vehicle Transportation Award 2010 [MA000063], the Transport Industry - Motor Bus Drivers and Conductors (State) Award [AN120607] and the Transport Industry - Tourist and Service Coach Drivers (State) Award [AN120612] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Bakersaid that the Agreement does provide for one term that is less beneficial than those under the reference instruments, in that a penalty rate of 15% for work performed between 7:00pm and 6:00am has been removed. However, the Agreement provides for overall higher rates of pay for permanent and casual employees. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 19 and 18 respectively, and a disputes resolution procedure 17 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 15 November 2013, Mr I MacDonald of the Australian Public Transport Industrial Association,appeared with Mr P Baker for the applicant and Mr D Sipple appeared in his capacity as Employee Bargaining Representative. Mr MacDonald 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 rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. Mr Baker said that the rates of pay under the Agreement are to be paid on approval of the Agreement. Mr Sipple supported the submissions of Mr MacDondald and said that the employees were 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 Hopkinson’s Coach and Charter Drivers Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 22 November 2013 and have a nominal expiry date of 22 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

GR Hopkinson (Transport) Pty Limited applied to the Fair Work Commission for approval of its proposed Enterprise Agreement with coach and charter drivers. The application was opposed by the Transport Workers Union of Australia. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was in the public interest, as required by section 234 of the Fair Work Act. The Commission considered whether the agreement was procedurally valid, whether it provided adequate protection for employees' rights and entitlements, and whether it was consistent with the principles of enterprise bargaining. The Commission also had to determine whether the agreement met the requirements of the Better Off Overall Test.

The Commission found that the agreement was procedurally valid and that it provided adequate protection for employees' rights and entitlements. The Commission also found that the agreement was consistent with the principles of enterprise bargaining and that it met the requirements of the Better Off Overall Test. The Commission determined that the agreement was in the public interest and approved the Enterprise Agreement. The Transport Workers Union of Australia's opposition to the application was dismissed.

The Fair Work Commission approved the Coach and Charter Drivers Enterprise Agreement 2013 and dismissed the Transport Workers Union of Australia's opposition to the application. The Commission found that the agreement was procedurally valid, provided adequate protection for employees' rights and entitlements, and met the requirements of the Better Off Overall Test. The Commission determined that the agreement was in the public interest and approved it.

GR Hopkinson (Transport) Pty Limited

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