Hillsbus Co. Pty Ltd

[2014] FWCA 4484

[2014] FWCA 4484

FAIR WORK COMMISSION

DECISION

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

Hillsbus Co. Pty Ltd
(AG2014/1495)

HILLSBUS CO. PTY LTD - DURAL DEPOT BUS DRIVERS ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 8 JULY 2014

Application for approval of the Hillsbus Co. Pty Ltd - Dural Depot Bus Drivers Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Hillsbus Co 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 Hillsbus Co. Pty Ltd - Dural Depot Bus Drivers Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with Transport Workers’ Union of Australia (the ‘Union’) and is to cover 195 employees who are engaged as bus drivers at the Dural Bus Depot. 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 19 December 2013, and voting for the Agreement’s approval took place on 6 June 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 169 out of 174 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 20 June 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Bombardiere, Group Human Resources Manager, identified the Passenger Vehicle Transportation Award 2010 [MA000063] and Transport Industry - Motor Bus Drivers and Conductors (State) Award [AN120607] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Bombardieresaid that the Agreement does provide for some terms and conditions that are less beneficial than those in the reference instruments, including loaded rates which do not include overtime or weekend penalties or public holiday rates, loss of first aid and other non applicable allowances, and an adjustment to minimum number of hours worked. However, the Agreement does provide a number of conditions that are in excess of, or more beneficial than the terms of the relevant reference instrument, including a higher hourly rate of pay and shift allowances which is 27% above the Award for a grade 4 employee, a broken shift loading and increased living away from home allowance, and enhanced annual leave accrual. Rates of pay are to adjusted from the first full pay period after 1 October and 1 April each year during the nominal term of the Agreement, and the adjustment will reflect movement in the Consumer Price Index or 3.3% whichever is the higher. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clause 12, 30 and 31 respectively, and a dispute resolution procedure at clause 27 provides for mediation, conciliation and consent arbitration by the Commission. Both Mr Maroney and Mr Powell supported the approval of the Agreement.

[4] At a hearing of the application on 3 July 2014, Mr Bombardiere appeared for the applicant with Mr R Powell in his capacity as an Employee Bargaining Representative and Mr L Maroney for the Union. The Union 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). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Bombardiere 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. Both Mr Maroney and Mr Powell supported the approval of 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 Hillsbus Co. Pty Ltd - Dural Depot Bus Drivers Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 10 July 2014 and have a nominal expiry date of 30 June 2015.

DEPUTY PRESIDENT

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