W. Christian (Terang) Pty Ltd t/as Christian's Bus Co

[2015] FWCA 5946

[2015] FWCA 5946

FAIR WORK COMMISSION

DECISION

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

W. Christian (Terang) Pty Ltd t/as Christian's Bus Co
(AG2015/4328)

W.CHRISTIAN (TERANG) PTY LTD ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 31 AUGUST 2015

Application for approval of the W.Christian (Terang) Pty Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by W. Christian (Terang) Pty Ltd t/as Christian’s Bus Co (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the W.Christian (Terang) Pty Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with three nominated Employee Bargaining Representatives (the EBRs) and is to cover 80 employees who are engaged as Bus and Coach Drivers, Conductors, Ticket Sellers, Greasers, Cleaners, Bowser Attendants and School Bus Supervisors based in Terang, Victoria. 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 13 August 2014 and voting for the Agreement’s approval took place between 20 and 31 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 63 of the 69 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 14 August 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms R Christian, 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 Christian saidsaid 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 rates of pay, a continuous service grant and the provision of some allowances not set out in the Modern Award. 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 13 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 26 August 2015, Ms R Christian appeared for the applicant and Mr D Ward, Mr J Clarke and Mr K Robertson appeared in their respective capacities as EBRs. Ms Christian 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 wage rates are to be adjusted on 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. Mr Ward, Mr Clarke and Mr Robertson supported the submissions of Ms Christian. Each of them had filed Declarations (Form F18A) indicating that the employees they represented supported the approval of 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 W.Christian (Terang) Pty Ltd Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 2 September 2015 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

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