Region 7 update: Busways’ appeal of Consolidation Order

Last night the RTBU agreed on a process for how Busways’ appeal of the Consolidation Order would proceed. This is a bit complex so we’ll set it out in dot points to hopefully make it easier to understand.

1. The appeal will be heard by a 3 member Full Bench of the Fair Work Commission (FWC) 15 December.
2. The company application for a ‘stay’ (where the original order is put on hold while the appeal is held) in the meantime will not be opposed by the RTBU. This is largely because the FWC hearing will happen before the Order is due to take effect on 22 December, and due to the further matters below.
3. If the Full Bench dismisses the appeal on or before 22 December, then the Consolidation Order will have effect as originally intended on 22 December. If the Full Bench dismisses the appeal on a date after 22 December, then the company will then have 14 days to implement the order. In that event, the company has provided a written undertaking to the FWC, that all Driver/Mentor employees will be paid what they would have been paid if the original Order was in place on 22 December.
4. That means if the appeal fails, from 22 December Driver/Mentor employees will have each hour assessed against the Copied State Award (CSA) and back paid where the CSA gives more.
5. If the appeal is successful, then outcome will depend on the decision made by the Full Bench and the appeal grounds that have succeed.  The RTBU would be looking to take the matter further if the FWC allows.

We remain confident of our legal prospects, but you can never be sure what will happen. While the legal side of things continues on its path, the RTBU continues to work behind the scenes to try and find an alternative resolution.

While all this happens, the company have agreed with the union that it will continue work so that it can fix the rosters and any payroll adjustments should the original December 22^nd deadline take effect.

We thank members for their patience and support.