DECISION

Fair Work Act 2009
s.185—Enterprise agreement

2XM Projects Pty Ltd
(AG2018/3357)

2XM PROJECTS PTY LTD ROLLING STOCK PROJECTS ENTERPRISE AGREEMENT (VICTORIA) 2018-2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 NOVEMBER 2018

Application for approval of the 2XM Projects Pty Ltd Rolling Stock Projects Enterprise Agreement (Victoria) 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the 2XM Projects Pty Ltd Rolling Stock Projects Enterprise Agreement (Victoria) 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 2XM Projects Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 20 November 2018 and, in accordance with s.54, will operate from 27 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, 2XM Projects Pty Ltd was the subject of an application for the approval of an enterprise agreement. The agreement, titled the 2XM Projects Pty Ltd Rolling Stock Projects Enterprise Agreement (Victoria) 2018-2020, was proposed to govern the terms and conditions of employment for the workers in the rolling stock projects sector. The primary concern was whether the agreement met the necessary legal criteria for approval, including fairness and compliance with relevant industrial legislation.

The court had to address several legal issues, primarily focusing on whether the agreement fairly represented the employees' interests and complied with the Fair Work Act 2009. It was necessary to verify that the agreement did not contain any terms that were contrary to public policy or that were otherwise unlawful. Additionally, the court examined whether the process through which the agreement was negotiated and finalised adhered to the procedural requirements outlined in the legislation.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement was fair and met all legal requirements. The Commission was satisfied that the agreement was not only negotiated in good faith but also reflected the needs and interests of the employees. The Commission approved the agreement, emphasising that it did not contain any terms that would be detrimental to the workers or in conflict with industrial laws.

As a result of the approval, the 2XM Projects Pty Ltd Rolling Stock Projects Enterprise Agreement (Victoria) 2018-2020 was formally recognised and enforceable. The agreement will govern the employment conditions of the workers for the specified period, providing a clear framework for the terms and conditions of their employment.

2XM Projects Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established