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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Transport Workers Union of Australia for the approval of the NRC Buses Pty Ltd Fair Work Agreement 2016. The agreement was an outcome of negotiations between the Union and the company, and the Union sought to have it registered as a registered agreement under the Fair Work Act 2009. The company did not oppose the application but raised concerns about the impact of the agreement on its operational efficiency and compliance with other legislative requirements.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval as a registered agreement. This required the Commission to consider whether the agreement contained appropriate mechanisms for the resolution of disputes, whether it provided for the payment of appropriate wages and conditions, and whether it complied with any other relevant legislative requirements. The Commission also needed to determine if the agreement was consistent with the principles of the national workplace relations system.

In reaching its decision, the Commission examined the provisions of the agreement and found that it contained adequate mechanisms for the resolution of disputes and provided for appropriate wages and conditions. The Commission was satisfied that the agreement was consistent with the principles of the national workplace relations system and did not conflict with any other relevant legislation. The Commission approved the agreement, noting that it was in the best interests of the employees and the company. The decision was made on the basis that the agreement would promote harmonious workplace relations and provide a fair and equitable outcome for both parties.

NRC Buses Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established