Mee's Bus Lines Pty Ltd t/as Mee's Bus Lines

[2015] FWCA 7254

[2015] FWCA 7254

FAIR WORK COMMISSION

DECISION

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

Mee's Bus Lines Pty Ltd t/as Mee's Bus Lines
(AG2015/5797)

MEE'S BUS LINES PTY LTD ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 26 NOVEMBER 2015

Application for approval of the Mee’s Bus Lines Pty Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Mee’s Bus Lines Pty Ltd t/as Mee’s Bus Lines (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Mee’s Bus Lines Pty Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and is to cover 178 employees who are employed as Bus and Coach Drivers, Conductors, Ticket Sellers, Greasers, Cleaners/Bowser Attendants and School Bus Supervisors. 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 21 October 2014, and voting for the Agreement’s approval took place between 17 and 19 September 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the approval of the Agreement, 41 of the 46 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 7 October 2015. While I note that this is outside the statutory time limit contemplated in s 185(3)(a) of the Act, I consider it fair in all the circumstances to extend the time for lodgement to 7 October 2015 (s 185(3)(b)).

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Mee (General Manager) identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the Transport Workers (Passenger Vehicles) Award 2002 [AP818060] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Meesaid that the Agreement does not provide for any terms and conditions more or less beneficial than those under the reference instruments. However, this is not strictly true, as the Agreement provides for higher rates of pay and a series of continuous service grants. Wage rates are to be adjusted on 1 January and 1 July during the nominal term of the Agreement by reference to percentage changes between average weekly earnings in the preceding May to November and November to May, respectively. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 18 and 19 respectively, and a disputes resolution procedure at clause 12 erroneously refers to Fair Work Australia, which I take as providing for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 19 October 2015, Mr R Mee appeared for the applicant and Mr B Lean for the Union. Mr Mee 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. Mr Lean supported the submissions of Mr Lean. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is 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 Mee’s Bus Lines Pty Ltd Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 26 October 2015 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

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