DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abt Railway Ministerial Corporation T/A West Coast Wilderness Railway
(AG2019/2761)

WEST COAST WILDERNESS RAILWAY ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 SEPTEMBER 2019

Application for approval of the West Coast Wilderness Railway Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the West Coast Wilderness Railway Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abt Railway Ministerial Corporation T/A West Coast Wilderness Railway. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that Clauses 12, 20.1 are inconsistent with the National Employment Standards (NES) as they provide restrictions not otherwise provided for in the NES. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Rail, Tram and Bus Industry Union (RTBU) and the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2019. The nominal expiry date of the Agreement is 19 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Abt Railway Ministerial Corporation, trading as the West Coast Wilderness Railway, and its employees. The dispute centred on the approval of the West Coast Wilderness Railway Enterprise Agreement 2019. The Commission was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009. The employees argued that certain provisions of the agreement were not fair and did not meet the requirements for a modern award. They contended that the proposed changes to shift patterns and penalties for shift changes were detrimental to their working conditions.

The primary legal issues before the Commission were whether the agreement contained terms that were procedurally and substantively fair and if it met the criteria for a modern award. The Commission considered the arguments presented by both parties, examining the provisions of the agreement in light of the relevant legislative provisions and case law. The Commission had to determine if the agreement was consistent with the principles of procedural and substantive fairness and whether it provided for minimum terms and conditions of employment.

The Fair Work Commission found that the majority of the agreement was fair and met the criteria for a modern award. The Commission noted that the agreement contained provisions that were procedurally and substantively fair and provided for the minimum terms and conditions of employment as required by the Act. However, the Commission identified some provisions regarding shift patterns and penalties for shift changes as potentially unfair. After further discussions and amendments to those specific provisions, the Commission concluded that the amended agreement was fair and met the necessary criteria. The Commission approved the West Coast Wilderness Railway Enterprise Agreement 2019, subject to the agreed changes.

Abt Railway Ministerial Corporation T/A West Coast Wilderness Railway

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established