A.R. Ball Rolling Stock Maintenance Pty Ltd

[2014] FWCA 3495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.R. Ball Rolling Stock Maintenance Pty Ltd
(AG2014/6043)

A.R. BALL ROLLING STOCK MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 MAY 2014

Application for approval of the A.R. Ball Rolling Stock Maintenance Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the A.R. Ball Rolling Stock Maintenance Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.R. Ball Rolling Stock Maintenance Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 28 May 2014 and, in accordance with s.54, will operate from 4 June 2014. The nominal expiry date of the Agreement is 27 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the A.R. Ball Rolling Stock Maintenance Pty Ltd Enterprise Agreement 2014. The applicant, A.R. Ball Rolling Stock Maintenance Pty Ltd, sought the court's endorsement of the agreement to ensure its enforceability and compliance with the relevant industrial laws. The dispute arose due to contentions from various stakeholders about the terms and conditions stipulated in the agreement.

The primary legal issues the court needed to address included whether the agreement complied with the requirements of the Fair Work Act 2009, whether the agreement was made in good faith and without coercion, and whether it appropriately covered the terms and conditions of employment as mandated by the legislation. Furthermore, the court examined whether the agreement provided adequate protections and entitlements for the employees as required by the Fair Work Act.

In its decision, the Fair Work Commission thoroughly reviewed the provisions of the agreement against the statutory requirements. The court found that the agreement met the necessary criteria for approval, including the provisions for minimum wages, leave entitlements, and other conditions of employment. The Commission was satisfied that the agreement was made in good faith, without coercion, and provided fair terms and conditions for the employees. Consequently, the court approved the A.R. Ball Rolling Stock Maintenance Pty Ltd Enterprise Agreement 2014, confirming its enforceability and compliance with the industrial laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established