Sapphire Coast Buslines

[2013] FWCA 4968

[2013] FWCA 4968

FAIR WORK COMMISSION

DECISION

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

Sapphire Coast Buslines
(AG2013/7243)

SAPPHIRE COAST BUSLINES PTY LTD FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 23 JULY 2013

Application for approval of the Sapphire Coast Buslines Pty Ltd Fair Work Agreement 2012.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Sapphire Coast Buslines (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Sapphire Coast Buslines Pty Ltd Fair Work Agreement 2012 (the ‘Agreement’). The Agreement was negotiated with one employee bargaining representative. The Agreement is to cover 36 employees who are engaged as Bus Drivers performing route and school bus work. The applicant also employs a number of other employees, such as administrative staff and mechanics, who are covered by Awards different to that which covers those to be covered by the Agreement. 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 16 May 2013, and voting for the Agreement’s approval took place on 14 June 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 30 of the 31 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 25 June 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms Jamie Klemm, Managing Director, identified the Passenger Vehicle Transportation Award 2010 [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’). Ms Klemmsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including a minimum engagement of one hour for casuals on weekdays, reduced penalty rates between 6pm and 6am and a limit to the accumulation of rostered days off to five days over six months. Rates of pay are to be adjusted by 3.5% on 1 July 2012, 3.3% on 1 July 2013 and 3.3% on 1 July 2014. I understand that the increases applicable from 1 July 2012 have been partially paid and that the outstanding amounts due under this increase and that of 1 July 2013 are to be backpaid to employees on approval of the Agreement. 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 8 July 2013, Mr N Shuttleworth of the Bus & Coach Industrial Association of New South Wales, appeared with Ms J Klemm and Mr P Judd of the applicant. Mr P Collins, Employee Bargaining Representative, communicated with my Chambers to advise that he was unable to appear, but indicated that he supported the approval of the Agreement. Mr Shuttleworth 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 is to replace an enterprise agreement that expired on 30 June 2012; See: Deane’s Travel Pty Ltd [2011] FWAA 4580. The Agreement is similar in substance to the expired enterprise agreement, though the employees are now employed by a different corporate entity operating under a different business name.

[5] Having heard the applicant’s submissions and noting the overwhelming support of the Agreement by the employees 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 Sapphire Coast Buslines Pty Ltd Fair Work Agreement 2012.Pursuant to s 54 of the Act, the Agreement shall operate from 15 July 2013 and have a nominal expiry date of 30 June 2015.

DEPUTY PRESIDENT

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