Where we can help

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​As a bus or coach operator you might need to seek advice or representation with respect to:

• Contract Management

• Employment

• Industrial Relations

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Contract Management

 

Many bus and even coach operations require the entering into of a service contract with a government regulator.

Over the years the contract, which a bus or coach operator must sign, has increased from 30-day licenses to contracts with 100s of pages.

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Previously a bus operator with a contract would have an expectation of further contract renewals, provided they had complied with the terms of the contract. This expectation has been replaced with a contract renewal process which either requires a competitive tender or a strict cost negotiation which only inhibits growth of the services.

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Contracts have significant key performance indicators with substantial penalties and abatement of income for a failure to meet such KPIs. This has caused a reduction in services, a loss of drivers disenchanted with the stresses of work and a general diminution of the image of public transport.

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Studies have recognised that a failure of the relationship between the operator and regulator has led to this crisis. It is an established fact that the master/ servant relationship, which exists in many jurisdictions, has occurred because of contract mismanagement on both sides of the fence.

 

“BusIR, with its many years of dealings with the regulators, offers the opportunity for bus and coach operators to help them take back the ranch and to develop a meaningful partnership from which public transport can grow, once again.”

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Employment

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The introduction of the Fair Work Act 2009, the National Employment Standards, modern Awards, regulated labour hire, minimum standards for regulated transport workers has added for bus and coach operators a new layer of compliance with significant consequences for not understanding what these laws require in terms of obligations upon employers.

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Employment now involves paying the correct wages, including the correct superannuation, providing a right to drivers to disconnect from work outside of business hours. Ensuring that workplace delegates have facilities and opportunities to represent other employees, ensuring that an employer has done everything that a reasonable person would do to remove bullying and harassment, sexual of otherwise, from a workplace. Also ensuring that the workplace is a safe place to work, in the eyes of a reasonable person, that no employee is terminated without a defined process and especially in circumstances where such a termination might be deemed part of an adverse action. 

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In its simplest form an employer needs to be able to know that the processes that they have or are proposing to implement are the correct processes. This includes the initial employment of staff, the maintaining of staff and the ability to discipline staff where necessary.

 

“BusIR has the experience to protect employers during the process of recruitment, through the retention of staff and if required the protection of staff or disciplining of staff.”

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Industrial Relations

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Is the relationship between the employer and employees. It invariably includes a relationship between a trade union and an employer representative. The Fair Work Commission or a State Industrial body is also the arbitrator or conciliator of disputes that may and, usually do, arise during employment within a workforce.

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Sometimes this circumstance is only one off, but other times, especially, if an enterprise agreement is negotiated, the relationship may involve either the entire workplace or even other workplaces if a multiple agreement is negotiated.

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It is time consuming and not easy to negotiate complex employment terms especially if the workplace is represented by a trade union. The process of seeking approval of an enterprise agreement is also a complex process.

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Any dispute whether it relates to rate of pay, terms and conditions of employment, negotiations for a new employment agreement or termination of employment are part of industrial relations.

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Legislation and decisions of the Fair Work Commission and higher judicial bodies have defined a whole range of industrial relations issues, including determining what is casual employment, the ability to convert to more permanent work, the ability to initiate a multiple bargaining process for a new enterprise agreement, what constitutes Award compliance and harassment.

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In some instances, involving workplace injuries and unpaid rates the law now incorporated penal sanctions upon employers.

 

“BusIR offers the opportunity to support employers in the bus and coach industry as they try to navigate these myriads of laws and regulations, relating to their workforces.”