WBL Pty Ltd trading as Warragul Bus Lines

[2014] FWCA 7760

[2014] FWCA 7760

FAIR WORK COMMISSION

DECISION

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

WBL Pty Ltd trading as Warragul Bus Lines
(AG2014/9572)

WBL PTY LTD TRADING AS WARRAGUL BUS LINES ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 31 OCTOBER 2014

Application for approval of the WBL Pty Ltd trading as Warragul Bus Lines Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by WBL Pty Ltd t/as Warragul 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 WBL Pty Ltd trading as Warragul Bus Lines Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with three nominated Employee Bargaining Representatives (EBRs) and is to cover 85 employees who are employed as Bus Drivers, Conductors, Ticket Sellers, Cleaners, Greasers and Bowser Attendants based in Warragul, 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 June 2014, and voting for the Agreement’s approval took place between 7 and 8 October 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 67 of the 69 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr P Radford, General Manager 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 Radfordsaid that the Agreement does provide for one term that is less beneficial than under the reference instruments, in that the Agreement allows for work to be performed outside of the regular roster at a flat hourly rate. However, the Agreement also provides for higher rates of pay and a continuous service grant. 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 27 October 2014, Mr R Lambert of Wintergreen Australiaappeared with Mr P Radford for the applicant and Mr E Roberts appeared in his capacity as EBR. Each of the EBRs had filed a declaration (Form F18A) setting out that the employees they represented supported the approval of 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 Lambert explained that 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. Mr Roberts supported the submissions of Mr Lambert.

[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 WBL Pty Ltd trading as Warragul Bus Lines Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 3 November 2014 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

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