Transit Australia Pty Ltd

[2015] FWCA 44

[2015] FWCA 44

FAIR WORK COMMISSION

DECISION

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

Transit Australia Pty Ltd
(AG2014/10287)

SUNSHINE COAST SUNBUS UNION ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 5 JANUARY 2015

Application for approval of the Sunshine Coast Sunbus Union Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Transit Australia 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 Sunshine Coast Sunbus Union Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and is to cover 215 employees who are engaged as Bus Drivers, Yard Persons, Cleaners and Detailers. 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 10 February 2014, and voting for the Agreement’s approval took place between 27 and 28 November 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, 151 of the 173 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 12 December 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms K Drew, General Manager Human Resources identified the Passenger Vehicle Transportation Award 2010 [MA000063] and the Transport Workers (Passenger Vehicles) Award 2002 [AP818060] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Drewsaid the Agreement provides for less generous overtime rates of pay. However, the Agreement 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, reduced ordinary hours on any one day and a reduced probationary period. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses31 and 30 respectively, and a disputes resolution procedure at clause 25 erroneously refers to Fair Work Australia, but I take this as providing for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 22 December 2014, Ms K Drew appeared for the applicant and Ms M Cerrato for the Union. Ms Drew 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. She explained that rates of pay are to be increased by 3% or in accordance with the Labour Price Index as reference in the Translink contract (LPI Queensland; Private and Public; all industries), whichever is the greater from the first full pay period in July 2015 and July 2016. Ms Cerrato supported the submissions of Ms Drew. 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.

[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 Sunshine Coast Sunbus Union Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 29 December 2014 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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