Junee Buses Pty Ltd

[2014] FWCA 2460

[2014] FWCA 2460

FAIR WORK COMMISSION

DECISION

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

Junee Buses Pty Ltd
(AG2014/5178)

JUNEE BUSES FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 APRIL 2014

Application for approval of the Junee Buses Fair Work Agreement 2012.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Junee Buses 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 Junee Buses Fair Work Agreement 2012 (the ‘Agreement’). The Agreement is to cover 9 employees who are employed as Bus Drivers performing route and school bus work in and around Junee, New South Wales. I note that the applicant also employs Mechanics and Administrative Staff who are covered under different industrial instruments. 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 5 Mach 2014, and voting for the Agreement’s approval took place on 27 March 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 9 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 1 April 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Glass, Director, identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the 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 Glasssaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including a one hour minimum engagement on weekdays for casual employees, a limit to the accumulation of rostered days off to five days over six months and less generous penalty rates for work performed between 7pm and 6am. However, the Agreement also provides for a number of terms and conditions that are more beneficial than, or in excess of those under the reference instruments, including higher rates of pay, longer minimum engagements for casual employees on weekends and public holidays and enhanced overtime entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 28 and 27 respectively, and a disputes resolution procedure at clause 26 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 11 April 2014, Mr N Shuttleworth of the Bus and Coach Industrial Association of New South Wales,appeared with Mr D Glass for the applicant. Mr Shuttleworth 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 the rates of pay are to be increased by 3.5% on 1 July 2012, 3.3% on 1 July 2013 and 3.3% on 1 July 2014. The increases from 2012 and 2013 have already been paid to the employees. Mr Glass said that the Company had been operating as a family business for a couple of decades. The runs performed were predominantly in Junee, although there were a couple of runs between Junee and Wagga.

[5] Having heard the applicant’s 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 Junee Buses Fair Work Agreement 2012.Pursuant to s 54 of the Act, the Agreement shall operate from 18 April 2014 and have a nominal expiry date of 30 June 2015.

DEPUTY PRESIDENT

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