Shelton's Bus Service Pty Ltd

[2013] FWCA 6943

[2013] FWCA 6943

FAIR WORK COMMISSION

DECISION

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

Shelton's Bus Service Pty Ltd
(AG2013/8848)

SHELTONS BUS SERVICE PTY LTD FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Sheltons Bus Service 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 Shelton’s Bus Service Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Sheltons Bus Service Pty Ltd Fair Work Agreement 2012 (the ‘Agreement’). The Agreement was negotiated with an Employee Bargaining Representative, Mr Mark Hancock. The Agreement is to cover 16 employees who are employed by the applicant, wholly or principally as bus drivers providing services under a Rural and Regional Bus Industry Contract, operating out of Dungog, New South Wales. 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 29 July 2013 and voting for the Agreement’s approval took place on 19 August 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 16 of the employees, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 28 August 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr G D Shelton, 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 instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Sheltonsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the Modern Award, including a reduction in the amount of time off able to be accumulated in six months and a lower penalty for work performed between 7pm and 6am. However, the Agreement also provides for a number of terms and conditions that are more beneficial than those under the reference instruments, including higher rates of pay, longer minimum engagements on Saturdays, Sundays and broken shifts and more generous overtime entitlements. Rates of pay are to be increased by 3.3% on 1 July 2013 and 1 July 2014 and by 3.3% on 1 July 2014. 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 at clause 26 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 6 September 2013, Mr N Shuttleworth of the Bus & Coach Industrial Association of New South Wales,appeared with Mr G Shelton for the applicant and Mr M Hancock appeared in his capacity as Employee Bargaining Representative. 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 said that the pay increase due on 1 July 2013 had already been paid. Mr Hancock confirmed that he was happy with the Agreement.

[5] Having heard the parties’ 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 Sheltons Bus Service Pty Ltd Fair Work Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 13 September 2013 and have a nominal expiry date of 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE404024  PR541754>