Sunstate Charters Pty Ltd t/as Sunstate Charters

[2014] FWCA 2898

[2014] FWCA 2898

FAIR WORK COMMISSION

DECISION

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

Sunstate Charters Pty Ltd t/as Sunstate Charters
(AG2014/937)

SUNSTATE CHARTERS PTY LTD - (GRAFTON) ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 2 MAY 2014

Application for approval of the Sunstate Charters Pty Ltd - (Grafton) Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Sunstate Charters Pty Ltd - t/as Sunstate Charters (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Sunstate Charters Pty Ltd - (Grafton) Enterprise Agreement 2014 (the ‘Agreement’). The Agreement is to cover three employees who are employed as Bus Drivers operating from Grafton, 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 18 March 2014, and voting for the Agreement’s approval took place between 11 and 14 April 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a postal ballot, all 3 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 April 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms L Ritchie, General Manager 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 Ritchiesaid that the Agreement did contain a less beneficial terms in that the Agreement does not provide for penalty rates for work performed on weekends. However, these have been loaded into higher rates of pay. The Agreement also provides for more generous entitlements for ‘waiting time’ and payment for ‘down time’ between split shifts. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 7 respectively, and a disputes resolution procedure at clause 8 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 1 May 2014, Mr D Broanda of Sharpe Workplace Solutions,appeared with Ms L Ritchie for the applicant. Mr Broanda 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 bulk of the work performed by the Bus Drivers were on routes between Byron Bay and Grafton, although there may be some extended trips when they provide replacement bus services when line work was performed by New South Wales Trains. The employees worked on the basis of four morning shifts, two days off and then four evening shifts two days off. A comparison between the Agreement and the reference instruments had been made using these rosters. This demonstrated that the employees were several hundred dollars better off per year under the Agreement rather than the Award.

[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 Sunstate Charters Pty Ltd - (Grafton) Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 8 May 2014 and have a nominal expiry date of 8 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE407952  PR550208>