NRC Buses Pty Ltd

[2016] FWCA 6103

[2016] FWCA 6103

FAIR WORK COMMISSION

DECISION

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

NRC Buses Pty Ltd
(AG2016/4109)

NRC BUSES PTY LTD FAIR WORK AGREEMENT 2016

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BULL	SYDNEY, 1 SEPTEMBER 2016

Application for approval of the NRC Buses Pty Ltd Fair Work Agreement 2016

[1] An application has been made by NRC Buses Pty Ltd (the applicant) for the approval of an enterprise agreement known as the NRC Buses Pty Ltd Fair Work Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[1] The Agreement covers all employees who are employed wholly or principally by the applicant as bus drivers providing services under a Rural and Regional Bus Industry Contract. As per the requirement under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen.

Better off overall test

[2] With respect to the better off overall test (BOOT) under s.186 of the Act, the terms and conditions under the Agreement are overall more beneficial than the Passenger Vehicle Transportation Award 2010, being the relevant reference instrument for the purposes of the BOOT, including base rates of pay which are more than 20% higher than the Award, more generous annual loading and more beneficial overtime rates. The casual loading and penalty rate for time worked after 7pm and before 6am are less than the Award.

Conclusion

[3] Taking into account the higher rates of pay and other more beneficial conditions under the Agreement when compared with the Award, I am satisfied that the Agreement results in employees being better off overall under the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

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