DECISION

Fair Work Act 2009
s.229—Bargaining order

Qdrivers First Inc T/A Bus and Coach Drivers Association
(B2021/681)

DEPUTY PRESIDENT ASBURY

BRISBANE, 24 AUGUST 2021

Territory Transit Pty Ltd.

[1] QDrivers First Inc trading as the Bus and Coach Drivers’ Association (BCDA) has applied under s. 229 of the Fair Work Act 2009 (the FW Act) for a bargaining order in relation to bargaining for a proposed enterprise agreement to cover employees of Territory Transit Pty Ltd. BCDA seeks an order requiring that:

• a ballot of employees to be held on 24 and 25 August 2021 not proceed until a majority of bargaining representatives have agreed to go to a vote;

• meetings occur between the BCDA and other bargaining representatives who may wish to participate to discuss outstanding concerns about the agreement; and

• Territory Transport Pty Ltd gives genuine consideration to any proposals put forward by BCDA and provides reasons for its responses to those proposals.

[2] Further to a hearing conducted on Friday 20 August 2021, I am not satisfied that the requirements in s. 230 of the FW Act necessary for an order to be made, have been met. In particular, BCDA has not established that one or more of the relevant bargaining representatives for the agreement have nor met, or are not meeting, the good faith bargaining requirements.

[3] The application for a bargaining order in B2021/681 is dismissed and an order 1 to that effect is issued with this Decision. Reasons for this Decision will be provided in due course.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 PR733098.

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Territory Transit Pty Ltd and Qdrivers First Inc, trading as the Bus and Coach Drivers Association. The primary issue was the classification and remuneration of drivers employed by Territory Transit under a modern award. Territory Transit sought a determination on whether the drivers' employment was covered by the relevant award, and if so, what rates of pay and conditions applied.

The legal issues centred on the interpretation of the award's provisions and the classification of the drivers' roles. Territory Transit argued that certain drivers should be classified as "casual employees" under the award, while Qdrivers First Inc contended that they should be classified as "permanent employees," which would entitle them to higher rates of pay and additional benefits. The dispute also included questions regarding the application of penalty rates and shift differentials as per the award's stipulations.

The Commission carefully examined the award's language and relevant case law to interpret the classification criteria. It determined that the drivers' roles aligned more closely with the definition of "permanent employees" rather than "casual employees." Consequently, the Commission ruled in favour of Qdrivers First Inc, mandating that Territory Transit adjust the drivers' pay and conditions in accordance with the award's provisions for permanent employees. The Commission also addressed the application of penalty rates and shift differentials, finding that Territory Transit had to compensate the drivers accordingly. The final orders required Territory Transit to revise the drivers' employment agreements to reflect the correct classification and remuneration.

Qdrivers First Inc T/A Bus and Coach Drivers Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established