Transdev South West Pty Ltd t/as South West Coachlines

[2014] FWCA 2755

[2014] FWCA 2755

FAIR WORK COMMISSION

DECISION

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

Transdev South West Pty Ltd t/as South West Coachlines
(AG2014/5667)

TRANSDEV SOUTH WEST BUS OPERATIONS ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 29 APRIL 2014

Application for approval of the Transdev South West Bus Operations Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Transdev South West 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 Transdev South West Bus Operations Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’), and is to cover 115 employees who are employed as Bus Drivers, Cleaners, Fuellers, Bus Monitors and Aids. 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 20 March 2014, and voting for the Agreement’s approval took place on 28 April 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot at both depots (Busselton and Bunbury), 76 of the 106 employees who voted agreed to approve the Agreement. The application for approval of the Agreement was lodged on 11 April 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms K Davy, General Manager Human Resources identified the Passenger Vehicle Transportation Award 2010 [MA000063] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Davy said that the Agreement does contain one term that is less beneficial than found under the reference instrument in that the rate of pay for work on a Sunday is slightly less. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the reference instrument, including higher base rates of pay, a higher Meal Allowance, and Journey Cover and Operational Support Allowance. The Agreement provides for an increase in rates of pay on the 30 June 2014, 29 June 2015 and 4 July 2016 in accordance with movements in the Average Weekly Earnings, States & Territories; Full time Adult Ordinary Earnings; WA Index No. 6302 as published by the Australian Bureau of Statistics. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 5.2 and 5.1 respectively, and a disputes resolution procedure at clause 5.3 provides for mediation and/or arbitration by the Commission.

[4] At a hearing of the application on 24 April 2014, Mr C Stanley appeared with Ms K Davy for the applicant and Mr K Starr 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 Stanley 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. Ms Davy explained that while employees who work on Sundays would be paid less than they would otherwise be if engaged under the reference instrument, very few employees worked on Sunday. Mr Starr supported the applicant’s submissions.

[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 Transdev South West Bus Operations Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 1 May 2014 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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