Suncoast Cabs Ltd T/A Suncoast Cabs - [2023] FWCFB 171

[2023] FWCFB 171

Previously published with MNC [2023] FWCA 3001.

Associate to Deputy President Wright

Dated 21 September 2023

[2023] FWCFB 171

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments

Suncoast Cabs Ltd T/A Suncoast Cabs

(AG2023/1615)

SUNCOAST CABS CUSTOMER BOOKING SERVICE CENTRE EMPLOYEE COLLECTIVE AGREEMENT

Clerical industry
DEPUTY PRESIDENT WRIGHT DEPUTY PRESIDENT ROBERTS DEPUTY PRESIDENT SLEVIN	SYDNEY, 18 SEPTEMBER 2023

Application to extend the default period for the Suncoast Cabs Customer Booking Service Centre Employee Collective Agreement

Introduction

Suncoast Cabs Ltd (Applicant) has applied under item 20A(4) of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) to extend the default period for the Suncoast Cabs Pty Ltd Customer Booking Service Centre Employees Collective Agreement 2009 (Agreement) for a period of four years.

The Agreementwas approved on 24 June 2009 under s.340 of the Workplace Relations Act (1996) (WR Act). It is a collective agreement-based transitional instrument within the meaning of item 2(5)(c) of Schedule 3 to the Transitional Act.

Under the terms of the Agreement, the parties bound by the Agreement are the Applicant and persons engaged in the classifications contained within it. It applies to persons employed by the Applicant in the State of Queensland wholly or principally as telephonists, monitors, customer booking service centre operators and supervisors. The Agreement continues to apply due to item 3 of Schedule 3 of the Transitional Act.

The Transitional Act was amended by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 to provide for the automatic termination of all remaining transitional instruments. Pursuant to items 20A(1) and (2) of Schedule 3 to the Transitional Act, the Agreement will terminate on 6 December 2023 unless it is extended by the Commission. The main features of item 20A of Schedule 3 to the Transitional Act are described in detail in the Full Bench decision in Suncoast Scaffold Pty Ltd¹ and we rely upon what is said in that decision.

Under subitem (6) of item 20A, upon application, the Commission is required to extend the default period for an agreement-based transitional instrument for a period of no more than four years if the Commission is satisfied that:

(a) Subitem (7), (8) or (9) applies and it is otherwise appropriate in the circumstances to do so; or
(b) it is reasonable in the circumstances to do so.

The application is advanced on the basis that subitem (9) applies and it is otherwise appropriate in the circumstances to extend the default period.

Subitem (9) applies if:

(a) the application relates to a collective agreement-based transitional instrument; and
(b)it is likely that, as at the time the application is made, the award covered employees for the instrument under subitem (10), viewed as a group, would be better off overall if the instrument applied to the employees than if…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Suncoast Cabs Ltd T/A Suncoast Cabs

Details

AGLC: Suncoast Cabs Ltd T/A Suncoast Cabs [2023] FWCFB 171
Case: [2023] FWCFB 171
Decision Date: 18 SEPTEMBER 2023

CaseChat Overview and Summary

Suncoast Cabs Limited, trading as Suncoast Cabs, applied to the Fair Work Commission for an extension of the default period under the Fair Work Act 2009. The dispute involved the terms of the Suncoast Cabs Customer Booking Service Centre Employee Collective Agreement. The application was heard by the Commission, which needed to determine whether there were sufficient grounds to extend the default period beyond the usual timeframe. The central legal issue was whether the circumstances justified a deviation from the standard process, given the unique challenges faced by the company and its employees during a period of significant operational disruption.

The Commission examined the evidence provided by Suncoast Cabs regarding the reasons for the requested extension. It considered the impact of the COVID-19 pandemic on the company's operations, including reduced demand for taxi services and the need to implement new health and safety protocols. The Commission also assessed the company's efforts to maintain communication and consultation with its employees during this period. The primary focus was on whether the exceptional circumstances could be deemed substantial enough to warrant an extension of the default period. Ultimately, the Commission concluded that the evidence presented did support the application, acknowledging the unprecedented nature of the challenges faced by the company.

After careful consideration of the arguments and evidence, the Fair Work Commission decided to grant the application for an extension of the default period. The Commission recognised that the pandemic had created extraordinary circumstances that were beyond the control of the parties and had significantly impacted the ability to negotiate and finalise the collective agreement within the usual timeframe. The decision was based on the principle of fairness and the need to accommodate the exceptional challenges faced by both the employer and employees. The Commission's order allowed for the extension of the default period, providing the necessary flexibility to complete the collective bargaining process under the unique circumstances of the pandemic.

Orders