Transit Australia Pty Ltd T/A Townsville Sunbus

[2015] FWCA 46

[2015] FWCA 46

FAIR WORK COMMISSION

DECISION

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

Transit Australia Pty Ltd T/A Townsville Sunbus
(AG2014/10361)

TOWNSVILLE SUNBUS UNION ENTERPRISE AGREEMENT 2014

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

Townsville 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 t/as Townsville Sunbus (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Townsville Sunbus Union Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (TWU) and the Australian Workers’ Union (AWU) (collectively the ‘Unions’) and is to cover 132 employees who are employed as Bus Drivers, Cleaners and Detailers based in Townsville, Queensland. 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 on 5 December 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, 68 of the 112 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 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 that the Agreement provides for one less beneficial term in respect to 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. 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. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 1.11 and 6.3 respectively, and a disputes resolution procedure at clause 6.4 provides 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, Ms M Cerrato for the TWU and Mr Z Skyring for the AWU. 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. The applicant had also provided undertakings in relation to a number issues raised by the TWU regarding the definition of shiftworker under the Agreement, pay increases over the nominal term of the Agreement and individual flexibility arrangements. Pursuant to s 191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement and marked as ‘Annexure A’. Ms Cerrato and Mr Skyring supported the submissions of Ms Drew and supported the approval of the Agreement. In particular, Ms Cerrato acknowledged that the undertakings proposed by the applicant satisfied the TWU’s concerns. The Unions had filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wish to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are 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, 188, 190, and 191, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Townsville 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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