Tullamarine Bus Lines Pty Ltd

[2014] FWCA 5802

[2014] FWCA 5802

FAIR WORK COMMISSION

DECISION

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

Tullamarine Bus Lines Pty Ltd
(AG2014/8622)

TULLAMARINE BUS LINES PTY LTD ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 22 AUGUST 2014

Application for approval of the Tullamarine Bus Lines Pty Ltd Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Tullamarine Bus Lines 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 Tullamarine Bus Lines Pty Ltd Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and two non-Union Employee Bargaining Representatives. The Agreement is to cover 44 employees who are employed as bus drivers based in Airport West, Victoria and does not cover administrative or clerical employees. 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 26 May 2014 and voting for the Agreement’s approval took place between 21 and 22 July 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 36 of the 37 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 12 August 2014. While I note that this was outside of the statutory time limit contemplated in s 185(3)(a), I consider it fair in all the circumstances to extend the date for lodgement to 12 August 2014.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Sikavitsas 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’). Mr Sikavitsassaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher base rates of pay, a continuous service grant and the payment of allowances not provided for under the Modern Award. Rates or pay are to be increased on each 1 January and 1 July during the nominal term of the Agreement by reference to percentage changes between average weekly earnings in the preceding May to November and November to May, respectively. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 17 and 18 respectively, and a disputes resolution procedure at clause 12 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 21 August 2014, Mr R Lambert of Wintergreen Australia Pty Ltd,appeared with Ms F Ross for the applicant and Mr H Smith 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 Lambert 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 Smith supported the submissions of Mr Lambert and noted that the Agreement was based on a template agreement adopted and accepted by the Union and employers in the bus industry.

[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 Tullamarine Bus Lines Pty Ltd Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 28 August 2014 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE409744  PR554606>