The union representing transport workers in Queensland wants bus drivers on the public network to have more freedom to refuse fares to unsupervised children.
A Cairns bus driver was sacked for serious misconduct in February after he refused to allow three unaccompanied boys aged eight to 10 to ride his bus to a shopping centre.
The Fair Work Commission upheld Sunbus's decision to dismiss the driver after finding he failed to comply with the company's no-child-left-behind policy.
Under the policy, bus drivers must allow children on board to ensure their safety, even if they do not have money for a fare.
It is based on a principle introduced in response to the murder of Sunshine Coast teenager Daniel Morcombe, who was abducted in 2003 after a bus did not stop for him.
Driver 'escalated' situation
The incident that led to the driver's sacking happened in November 2021.
Fair Work commissioner deputy president Nicholas Lake found the driver "misled" the children by telling them they needed to be accompanied by an adult.
The boys got off the bus, which had no passengers at the time, after a five-minute conversation with the driver, who suggested they walk to the shopping centre instead.
As the children left, one of the boys threw a small metal rod into the driver's-side window.
The driver contacted Sunbus and waited for the company response team to arrive.
In his judgement Mr Lake said CCTV footage showed the metal rod was thrown after the driver had said: "Do you want me to call the police, little man?"
The commissioner found the driver was well aware of the no-child-left-behind policy and that his "lack of insight into his behaviour in light of the policy did not assist him".
The Transport Workers' Union (TWU) assisted the driver at the Fair Work hearing and is considering lodging an appeal against the decision.
Principle protects children
Act for Kids chief executive Katrina Lines said the policy had made a big difference to children's safety in Queensland since its introduction.
She said instances where the principle was not followed were concerning.
"I'm sure there are many kids who get on buses who really need to be taken somewhere and be safe and the bus drivers are doing a great job," Dr Lines said.
But TWU director of organising Jared Abbott said the "heroic" driver's sacking was "despicable".
He said the principle should apply to situations "where people are meant to be going from A to B … like school bus runs".
"In terms of what should happen [on public transport] with an unsupervised child, an adult should stay with that child until supervision is made available," he said.
"Getting children unsupervised and delivering them to any part of the city and dropping them off without any supervision is much more dangerous than what happened here, which is that the driver has stopped and stayed with the child, waiting for a supervisor to come along."
Dr Lines said while some people might take advantage of the policy, "the safety of children should always come first".
"I think the bus driver's role is constrained to the bus journey and if the bus driver is keeping the kids safe on their journey, then they are doing a great job," she said.
Safety concerns aired
Concerns were also raised about the driver's safety at the Fair Work hearing, with the union tendering a recent news article about robberies and antisocial behaviour on Cairns buses.
In his findings, Mr Lake said those concerns were "not given much weight" in the unfair dismissal hearing because the "body language and posture of the child did not imply there was any physical threat imminent".
Mr Abbott said having network officers on buses could help keep drivers safe from violence and ensure someone was able to stay with unsupervised children who sought to travel.
A spokesman for Sunbus' parent company, Kinetic, said policies and procedures were in place "to support bus drivers and ensure the safety of all passengers and our team".
"In line with community expectations, the safety of children and not placing them at risk of harm is always a priority," the company said.
Translink, which oversees Queensland's bus network, said it took any report of a child being left behind seriously.
