SouthLink Pty Ltd

[2014] FWCA 3791

[2014] FWCA 3791

FAIR WORK COMMISSION

DECISION

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

SouthLink Pty Ltd
(AG2014/6127)

SOUTHLINK BUS DRIVERS 2014 ENTERPRISE AGREEMENT

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 JUNE 2014

Application for approval of the SouthLink Bus Drivers 2014 Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by SouthLink 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 SouthLink Bus Drivers 2014 Enterprise Agreement (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and is to cover 562 employees who are employed as Bus Drivers in Adelaide, South Australia. 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 22 April 2014, and voting for the Agreement’s approval took place between 14 and 16 May 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 290 of the 463 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 May 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Conlon, Operations Manager, identified the Passenger Vehicle Transportation Award 2010 [MA000063] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Conlonsaid that the Agreement provides for higher rates of pay than under the Modern Award and that there are no less beneficial terms. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 12 and 7 respectively, and a disputes resolution procedure at clause 9 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 4 June 2014, Mr D Conlon appeared for the applicant and Mr E Lawrie for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Conlon 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. Rates of pay are to be increased by 3% in the first pay period after approval of the Agreement and then in December 2014 and December 2015 in accordance with the adjustments made to contract payments by the Public Transport Services of the South Australian Department of Transport, Energy and Infrastructure, or by 3%, whichever is the greater. Mr Lawrie supported the submissions of Mr Conlon and agreed that the Agreement met the BOOT.

[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 SouthLink Bus Drivers 2014 Enterprise Agreement.Pursuant to s 54 of the Act, the Agreement shall operate from 11 June 2014 and have a nominal expiry date of 31 December 2016.

DEPUTY PRESIDENT

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