Valley Services Pty Ltd T/A Latrobe Valley Bus Lines

[2015] FWCA 26

[2015] FWCA 26

FAIR WORK COMMISSION

DECISION

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

Valley Services Pty Ltd T/A Latrobe Valley Bus Lines
(AG2014/10290)

LATROBE VALLEY BUS LINES WORKSHOP EMPLOYMENT UNION COLLECTIVE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 8 JANUARY 2015

Application for approval of the Latrobe Valley Bus Lines Workshop Employment Union Collective Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Valley Services Pty Ltd t/as Latrobe Valley Bus Lines (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Latrobe Valley Bus Lines Workshop Employment Union Collective Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and is to cover 10 employees who are employed as Workshop Staff in Morwell, Victoria. I note that Bus Drivers are covered by another enterprise agreement and that the applicant also employs other clerical and management 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 14 October 2014 and voting for the Agreement’s approval took place on 1 December 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 9 of the 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), Mr A Calderon, IT Administration/Human Resources Officer, 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 Calderonsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments including a lack of provision for permanent part time work, the removal of some allowances and a slightly lower casual loading. However, the Agreement provides for higher rates of pay, the addition of some allowances and annual leave for casual employees. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 19 and 20 respectively, and a disputes resolution procedure at clause 12 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 23 December 2014, Mr A Calderon appeared for the applicant and Mr H Smith for the Union. Mr Calderon 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. He explained that Agreement provided for wage increases on 1 January and 1 July of each year during the nominal term of the Agreement in accordance with the percentage change between average weekly earnings over a six month period. Mr Smith supported the submission Mr Calderon and agreed the Agreement satisfied the BOOT. 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 Latrobe Valley Bus Lines Workshop Employment Union Collective Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 30 December 2014 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

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