Nowra Coaches Pty Ltd

[2013] FWCA 6988

[2013] FWCA 6988

FAIR WORK COMMISSION

DECISION

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

Nowra Coaches Pty Ltd
(AG2013/2680)

NOWRA COACHES PTY LTD FAIR WORK AGREEMENT 2013

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Nowra Coaches Pty Ltd Fair Work Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Nowra Coaches 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 Nowra Coaches Pty Ltd Fair Work Agreement 2013 (the ‘Agreement’). The Agreement is to cover 33 employees who are employed wholly or principally by the applicant as Bus Drivers. 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 July 2013, and voting for the Agreement’s approval took place between 20 August and 2 September 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 15 of the 17 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 2 September 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr G Abel, Compliance Manager identified the Passenger Vehicle Transportation Award [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 Abelsaid that the Agreement did contain a term that was less beneficial than the reference instruments in that it provided for shorter minimum engagement times. This was to accommodate school runs, morning and afternoon. However, the Agreement also provided for higher rates of pay. 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. 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 26 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 12 September 2013, Mr G Abel appeared with Ms S King for the applicant. Mr Abel 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 noted that all 33 of the employees were casual and preferred to remain so, despite being offered permanent employment. He confirmed that the nominal expiry date for the Agreement was 30 June 2015.

[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 Nowra Coaches Pty Ltd Fair Work Agreement 2013. Pursuant to s 54 of the Act, the Agreement shall operate from 19 September 2013 and have a nominal expiry date of 19 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE404050  PR541802>