Read & Brack Pty Ltd t/as Benalla Bus & Coach Lines

[2015] FWCA 4751

[2015] FWCA 4751

FAIR WORK COMMISSION

DECISION

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

Read & Brack Pty Ltd t/as Benalla Bus & Coach Lines
(AG2015/2860)

READ & BRACK PTY LTD ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 13 JULY 2015

Application for approval of the Read & Brack Pty Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Read & Brack Pty Ltd t/as Benalla Bus & Coach Lines (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Read & Brack Pty Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with Mr R Farmer, a nominated Employee Bargaining Representative (EBR) and is to cover 8 employees who are engaged as Bus Drivers, Conductors, Ticket Sellers, Cleaners, Bowser Attendants and School Bus Supervisors based in Benalla, Victoria. 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 19 March 2015, and voting for the Agreement’s approval took place on 27 April 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, 6 of the 8 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 1 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Schintler, Manager identified the Transport Workers (Passenger Vehicles) Award 2002 [AP818060] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’), although I note that the Passenger Vehicle Transportation Award 2010 [MA000063] is also relevant for the purposes of the BOOT. Mr Schintlersaid that the Agreement does not provide any conditions that are more or less beneficial, than the terms of the relevant reference instruments. However, this is not strictly true, as the Agreement provides for higher rates of pay and a series of continuous service grants. Rates of pay 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 18 June 2015, Mr R Schintler appeared for the applicant and Mr R Farmer appeared in his capacity as EBR. Mr Schintler 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 explained that the Agreement was similar in terms to enterprise agreements which had previously covered the applicant.

[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 Read & Brack Pty Ltd Enterprise Agreement 2015 Pursuant to s 54 of the Act, the Agreement shall operate from 20 July 2015 and have a nominal expiry date of 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE414777  PR569367>