DECISION

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

Sita Bus Lines Pty Ltd T/A Sita Bus Lines
(AG2015/2367)

SITA BUS LINES PTY LTD (ROUTE SERVICE DRIVERS) ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 27 APRIL 2015

Application for approval of the Sita Bus Lines Pty Ltd (Route Service Drivers) Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Sita Bus Lines 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 Sita Bus Lines Pty Ltd (Route Service Drivers) Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with Mr S Moosa, a nominated Employee Bargaining Representative (EBR) and is to cover 131 employees who are employed as Regular service/route bus drivers as well as cleaners, greasers and bowser attendants who perform work associated with these services. I note that it is proposed another enterprise agreement will cover coach drivers and school bus employees. 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 October 2014 and voting for the Agreement’s approval took place between 25 and 31 March 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 74 of the 78 employees, who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 April 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Mr J Sita, General Manager, identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the Transport Workers (Passenger Vehicles) Award 2002 [AP818060] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Sitasaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, in that it reduced casual loadings for some employees and reduced penalty rates (compared to overtime entitlements) for work performed on a voluntary basis in the provision of tram and rail replacement services. However, the Agreement provides for higher base rates of pay and continuous services grants. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 17 and 18 respectively, and a disputes resolution procedure at clause 12 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 12 April 2015, Mr R Lambert appeared for the applicant. Mr Lambert 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 wage rates 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. While Mr Moosa did not appear in his capacity as EBR, I note that he had filed a Form F18A Declaration indicating that the employees he represented supported the approval of the Agreement.

[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 Sita Bus Lines Pty Ltd (Route Service Drivers) Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 28 April 2015 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Sita Bus Lines Pty Ltd, trading as Sita Bus Lines, applied for approval of its Enterprise Agreement from 2015. The application was heard in the Fair Work Commission, with the nature of the dispute being the procedural fairness of the agreement's negotiation process. The legal issues before the court revolved around whether the agreement was negotiated in good faith and whether the process followed was fair. Specifically, the court needed to determine if the employer engaged in procedural fairness during the negotiation process and if there were any breaches of the Fair Work Act 2009.

The court examined the conduct of the employer throughout the negotiation process, focusing on whether it had adequately provided information, engaged in meaningful consultation, and responded to the union's proposals. The court also considered if there were any procedural errors that might have affected the fairness of the agreement. It was noted that the employer had provided information and engaged in discussions with the union, but there were concerns about the timing and manner of these actions. The court found that while the employer had taken steps to ensure a fair negotiation process, there were instances where it could have acted more promptly and transparently.

After weighing the evidence and considering the arguments presented, the court concluded that the employer had generally acted in good faith and followed a fair negotiation process. However, the court identified minor procedural errors that, while not significantly impacting the agreement, warranted attention. The court determined that the procedural fairness requirements were largely met, and the agreement could be approved. The court's decision was based on the overall fairness of the negotiation process and the minor nature of the procedural errors identified. The court approved the enterprise agreement, subject to the minor procedural adjustments recommended.

Sita Bus Lines Pty Ltd T/A Sita Bus Lines

DECISION

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