DECISION

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

Marrickville Bus Lines Pty Ltd t/as Telford's Bus & Coach
(AG2014/10243)

TELFORD TOURS COACH AND CHARTER DRIVERS ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 5 JANUARY 2015

Application for approval of the Telford Tours Coach and Charter Drivers Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Marrickville Bus Lines Pty Ltd t/as Telford’s Bus & Coach (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Telford Tours Coach and Charter Drivers Enterprise Agreement 2014 (the ‘Agreement’). The Agreement is to cover 86 employees who are employed as Bus and Coach Drivers, based in Turrella, New South Wales. 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 25 August 2014, and voting for the Agreement’s approval took place on 1 December 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 44 of the 48 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 11 December 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Dunn, Managing Director identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the Transport Industry - Tourist and Service Coach Drivers (State) Award [AN120612] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Dunnsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, in that it provides for reduced penalty rates. However, the Agreement provides for significantly higher rates of pay. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 17 and 16 respectively, and a disputes resolution procedure at clause 15 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 18 December 2014, Mr I MacDonald of the Australian Public Transport Industrial Associationappeared for the applicant. Mr MacDonald 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 Agreement only provided for one classification grade of pay, but even taking into account the higher grades under the Modern Award, the base rate of pay meant that all employees were still better off overall.

[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 Telford Tours Coach and Charter Drivers Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 25 December 2014 and have a nominal expiry date of 2 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved an application for the approval of the Telford Tours Coach and Charter Drivers Enterprise Agreement 2014. The applicant, Marrickville Bus Lines, sought approval of the agreement from the Fair Work Commission (FWC). The agreement was between Marrickville Bus Lines and the Transport Workers Union of Australia (TWU). The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement was a genuine enterprise agreement, whether it provided for a fair and efficient method of determining terms and conditions of employment, and whether it met the requirements for procedural fairness under the Fair Work Act. Additionally, the court had to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it was consistent with the Fair Work (Registered Organisations) Act 2009.

The FWC found that the agreement was a genuine enterprise agreement, as it was negotiated in good faith and provided for a fair and efficient method of determining terms and conditions of employment. The court also found that the agreement met the requirements for procedural fairness and provided for appropriate dispute resolution mechanisms. Furthermore, the agreement was consistent with the Fair Work (Registered Organisations) Act. The FWC approved the Telford Tours Coach and Charter Drivers Enterprise Agreement 2014, subject to certain conditions.

The court ordered that the agreement be registered with the Fair Work Commission and that it be published on the FWC's website. The agreement was to be effective from the date of registration and would apply to all employees covered by the agreement. The court also ordered that the agreement be amended to include certain provisions relating to dispute resolution and that the parties were to provide a copy of the amended agreement to the FWC within 28 days of the decision.

Marrickville Bus Lines Pty Ltd t/as Telford's Bus & Coach

DECISION

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