No Child Left Behind' policy upheld
The Fair Work Commission handed down on 19 December 2014 a landmark decision upholding the right of an employer to enforce its "No child is Left Behind" policy, relating to the carriage of school children on their buses.
In the decision, Steven Curtis v. Transit Australia Pty Ltd, [2014] FWC 867, 22 December 2014, Deputy President Hamilton was required to review the summary dismissal of an employee who had breached the Company's "No Child Left Behind" policy, in which the employee had been trained.
The Transport Workers Union, representing the employee, submitted that any policy which purports to remove a driver's discretion in relation to refusal of travel to persons who do not pay a fare (including children who are not school children) cannot be lawful or reasonable.
The Australian Public Transport Industrial Association, represented its member and submitted that the policy "No Child Left Behind", enunciated by both Queensland Transport and adopted by Transit Australia, included all school students at infant and primary levels as well as students at secondary level, up to 17/18 years. APTIA contended that the Policy applied to all children of school age who travelled on public transport at all times of the day, on all days of the week and was an important policy for the protection of children.
Deputy President Hamilton stated:
"In my view ('No Child Left Behind") is both lawful and reasonable having regard to the principles in Woolworth Limited v Cameron Brown, 26/ 09/ 2005, PR963023. There is nothing in Government Guiding Principles, Code of Conduct or Regulations which prevents this employer in implementing its stated "No Child Left Behind" policy."
The Decision, in which the dismissal was upheld, provides comfort to APTIA members that it is lawful and reasonable for Bus Operators to adopt safety policies, advocated by Government, to protect young persons provided that their employees are fully aware of those policies.
