M.F Perks & R.C Perks t/as Cairns Bus Charters

[2014] FWCA 2916

[2014] FWCA 2916

The attached document replaces the document previously issued with the above code on 7 May 2014.

The Decision has been amended as follows: the name of the agreement has been corrected to Cairns Bus Charters Enterprise Bargaining Agreement 2014 where it appears throughout the decisionand the nominal expiry date of the enterprise agreement has been corrected from 31 April 2017 to 1 May 2017.

Associate to Deputy President Sams

Dated 7 May 2014

[2014] FWCA 2916

FAIR WORK COMMISSION

DECISION

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

M.F Perks & R.C Perks t/as Cairns Bus Charters
(AG2014/5766)

CAIRNS BUS CHARTERS ENTERPRISE BARGAINING AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 7 MAY 2014

Application for approval of the Cairns Bus Charters Enterprise Bargaining Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by M.F Perks & R.C Perks t/as Cairns Bus Charters (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Cairns Bus Charters Enterprise Bargaining Agreement 2014 (the ‘Agreement’). The Agreement is to cover 11 employees, who are engaged as drivers and administrative staff at the applicant’s business in Clifton Beach, Queensland. 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 7 March 2014, and voting for the Agreement’s approval took place 1 April 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote, 9 of the 11 agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 April 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Perks, Director of Cairns Bus Charters, identified the Passenger Vehicle Transportation Award 2010 [MA000063], Clerks - Private Sector Award 2010 [MA000002]and the Passenger Vehicle Drivers Award Etc. Award - Northern and Mackay Divisions 2003 [AN140202]as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Perkssaid that the Agreement does contain some terms and conditions which are less beneficial than those under the reference instruments, including loaded rates for drivers and administrative staff which do not include weekend penalties, allowances or public holiday rates. However, the loaded hourly rate is 12.5% higher than the award to compensate for the loss of these penalties and allowances. Rates of pay are to be annually adjusted by 2.5% on 30 April each year during the nominal term of the Agreement. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7.1 and clause 7.3 respectively, and a disputes resolution procedure at clause 2.5 provides for conciliation by the Commission.

[4] At a hearing of the application on 2 May 2014, Ms P Kitto of HR Dynamics, appeared for the employer and Mr R Perks. Ms Kitto 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. Ms Kitto explained that a comparison had been undertaken between the rates of pay under the Agreement and the terms of the Award. This disclosed a significantly higher rate of pay which demonstrated the BOOT was satisfied.

[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 Cairns Bus Charters Enterprise Bargaining Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 9 May 2014. The Agreement is expressed to have a nominal expiry date of 31 April 2017 but will have a nominal expiry date of 1 May 2017.

DEPUTY PRESIDENT

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