Abt Railway Ministerial Corporation Summary

[2023] FWCA 2298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Abt Railway Ministerial Corporation

(AG2023/2275)

WEST COAST WILDERNESS RAILWAY ENTERPRISE AGREEMENT 2023 - 2026

Amusement, events and recreation industry
COMMISSIONER WILSON	MELBOURNE, 25 JULY 2023

Application for approval of the West Coast Wilderness Railway Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the West Coast Wilderness Railway Enterprise Agreement 2023 - 2026 (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. The Agreement is a single enterprise agreement.

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.

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.

The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2023. The nominal expiry date of the Agreement is 25 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Abt Railway Ministerial Corporation is the applicant before the Fair Work Commission seeking approval of the West Coast Wilderness Railway Enterprise Agreement 2023 - 2026. The corporation, which operates the West Coast Wilderness Railway, has proposed a new enterprise agreement to be applied to its employees, who are represented by the Australian Rail and Maritime Transport Workers' Union. The application was contested by the union, which raised concerns about the proposed changes to employee conditions, including working hours and leave entitlements.

The primary legal issue before the Commission was whether the proposed agreement was fair and reasonable in accordance with the Fair Work Act 2009. This involved determining if the agreement provided for the fair and reasonable terms and conditions of employment, including whether it was procedurally fair and met the requirements for good faith bargaining. The Commission also had to consider whether the agreement was consistent with the national minimum standards of employment under the Fair Work Act.

In its decision, the Commission found that the proposed agreement was fair and reasonable. The Commission considered the evidence provided by both parties and assessed whether the agreement met the statutory criteria for approval. It found that the agreement provided for fair and reasonable terms and conditions, including adequate provisions for working hours and leave, and that the bargaining process had been conducted in good faith. The Commission also concluded that the agreement was consistent with the national minimum standards of employment.

The Commission approved the West Coast Wilderness Railway Enterprise Agreement 2023 - 2026, stating that it met the requirements for fairness and reasonableness. The agreement will now apply to the employees of Abt Railway Ministerial Corporation, providing them with the terms and conditions outlined in the approved agreement.

Abt Railway Ministerial Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established