J C Mini Buses

[2015] FWCA 5793

[2015] FWCA 5793

FAIR WORK COMMISSION

DECISION

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

J C Mini Buses
(AG2015/4599)

J C MINI BUSES ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 25 AUGUST 2015

Application for approval of the J C Mini Buses Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by J C Mini Buses (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the J C Mini Buses Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 33 employees who are employed by the applicant as Bus and Coach Drivers based in Plympton, South Australia. I note that the applicant also employs administrative staff and mechanics, who will be covered by the relevant modern award. 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 6 July 2015 and voting for the Agreement’s approval took place on 6 August 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, all 22 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 10 August 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Laybourn, General Manager identified the Passenger Vehicle Transportation Award 2010 [MA000063] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Laybournsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the Award in that penalty rates, overtime, casual loading and a number of allowances have been ‘loaded’ into a higher rate of pay. On balance, I am satisfied that the Agreement passes the BOOT. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. The Agreement provides for the mandatory flexibility and consultation terms at clauses 3.4 and 3.1 respectively, and a disputes resolution procedure at clause 3.3 provides for conciliation and arbitration by the Commission.

[4] Having reviewed 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 J C Mini Buses Enterprise Agreement 2015. Pursuant to s 54 of the Act, the Agreement shall operate from 1 September 2015 and have a nominal expiry date of 1 July 2019.

DEPUTY PRESIDENT

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