Trans Employment Pty Ltd t/as Sawtell Coaches

[2014] FWCA 922

[2014] FWCA 922

FAIR WORK COMMISSION

DECISION

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

Trans Employment Pty Ltd t/as Sawtell Coaches
(AG2014/3449)

SAWTELL COACHES FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 7 FEBRUARY 2014

Application for approval of the Sawtell Coaches Fair Work Agreement 2012.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Trans Employment Pty Ltd t/as Sawtell Coaches (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Sawtell Coaches Fair Work Agreement 2012 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and four non-Union Employee Bargaining Representatives. The Agreement is to cover 27 employees who are employed as Bus Drivers performing route and school bus work. The company also employees mechanics and administrative staff who are covered by other industrial instruments. 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 12 December 2013, and voting for the Agreement’s approval took place on 7 January 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 22 of the 23 employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 21 January 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Williams, 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 instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Williamssaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including a shorter minimum engagement on weekdays. However, the Agreement also provides for a number of terms and conditions that are in excess of, or more beneficial than those under the reference instruments, including higher rates of pay, provision for a driver/conductor allowance and longer minimum engagements for work performed on weekends. Rates of pay are to be increased by 3.5% on 1 July 2014 and 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 21 January 2014, Mr N Shuttleworth of the Bus & Coach Industrial Association of New South Walesappeared with Mr D Williams for the applicant and Mr L Maroney 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 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. Mr Maroney supported the submissions of Mr Shuttleworth. Mr Shuttleworth also provided undertaking to change the nominal expiry date of the Agreement from 13 January 2017 to 30 June 2015. The Union did not oppose the change.Pursuant to s 191(1) of the Act, the undertaking is taken to be a term of the Agreement. A copy of this undertaking is attached to the Agreement and marked as ‘Annexure A’.

[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, 188, 190 and 193 in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Sawtell Coaches Fair Work Agreement 2012.Pursuant to s 54 of the Act, the Agreement shall operate from 6 February 2014 and have a nominal expiry date of 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE406754  PR547525>