KDR Victoria Pty Ltd t/as Yarra Trams

[2015] FWCA 8023

[2015] FWCA 8023

FAIR WORK COMMISSION

DECISION

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

KDR Victoria Pty Ltd t/as Yarra Trams
(AG2015/6615)

YARRA TRAMS ENTERPRISE AGREEMENT 2015 - OPERATIONS

Rail industry
DEPUTY PRESIDENT SAMS	SYDNEY, 24 NOVEMBER 2015

Application for approval of the Yarra Trams Enterprise Agreement 2015 - Operations.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by KDR Victoria Pty Ltd t/as Yarra Trams (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Yarra Trams Enterprise Agreement 2015 - Operations (the ‘Agreement’). The Agreement was negotiated with the Association of Professional Engineers, Scientists and Managers Australia (APESMA) and the Australian Rail, Tram and Bus Industry Union (RTBU) (collectively the ‘Unions’) and is to cover 1,609 employees who are involved in tram operations. 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 8 April 2015 and voting for the Agreement’s approval took place between 26 and 30 October 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, 787 of the 991 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 6 November 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Moore, Manager, Employee Relations, identified the Passenger Vehicle Transportation Award 2010 [MA000063] as the relevant reference instrument. Mr Moore said that while the Agreement does provide for a less generous first aid allowance, it also provides for higher rates of pay, paid parental leave, enhanced compassionate leave entitlements and a more generous meal allowance. Rates of pay are to be increased by 1% on 1 July 2015, 1 January 2016 and 1 July 2017, then by 1.5% on 1 January 2017 and 1 July 2017, by 2.5% on 1 January 2018, by 2% on 1 July 2018 and by 3.5% on 1 January 2019. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at Part One, Clause 9 and Part One, Clause 8 respectively, and a disputes resolution procedure at Part One, Clause 11 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 20 November 2015, Mr D Moore appeared for the applicant, Ms A Byrne for APESMA and Mr P Altieri for RTBU. Mr Moore 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 in the latest round of bargaining, the applicant had made the decision to consolidate a number of industrial instruments into two enterprise agreements. Approximately 1,200 out of the 1,609 employees are Tram Drivers. He also set out the operation of the Grand Prix Allowance under cl 35. Ms Byrne and Mr Altieri supported the approval of the Agreement. The Unions had filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wish to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are to be covered by 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 Yarra Trams Enterprise Agreement 2015 – Operations. Pursuant to s 54 of the Act, the Agreement shall operate from 27 November 2015 and have a nominal expiry date of 30 June 2019.

DEPUTY PRESIDENT

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