Alternate Railway Safeworking Pty Ltd Summary

[2013] FWCA 1446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alternate Railway Safeworking Pty Ltd
(AG2013/460)

RAIL TRAM BUS UNION AND ALTERNATE RAILWAY SAFEWORKING AGREEMENT 2013-2015

Rail industry
COMMISSIONER BISSETT	MELBOURNE, 7 MARCH 2013

Application for approval of the Rail Tram Bus Union and Alternate Railway Safeworking Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Rail Tram Bus Union and Alternate Railway Safeworking Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 14 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Alternate Railway Safeworking Pty Ltd, the applicant sought approval for an enterprise agreement under the Fair Work Act 2009. The dispute involved the Rail Tram Bus Union and Alternate Railway Safeworking, with the Fair Work Commission hearing the application. The key issue before the Commission was whether the proposed agreement met the requirements of section 230 of the Act, specifically whether it facilitated the improvement of productivity, efficiency, and profitability without unduly diminishing employees' job security or terms and conditions of employment.

The Commission meticulously examined the proposed agreement, considering its provisions in light of the statutory criteria. The analysis focused on whether the agreement balanced the interests of the employer and employees, ensuring that it did not compromise employees' rights while promoting the objectives of the Act. The Commission concluded that the agreement sufficiently met the legislative requirements, as it was deemed to facilitate productivity improvements and did not adversely affect employees' job security or terms and conditions. This was supported by the evidence presented and the overall context of the bargaining process.

Accordingly, the Commission approved the Rail Tram Bus Union and Alternate Railway Safeworking Agreement 2013-2015, endorsing its alignment with the objectives of the Fair Work Act. The decision underscores the importance of achieving a fair balance between the interests of employers and employees in enterprise agreements. The final orders reflect the Commission's approval, providing the necessary legal endorsement for the implementation of the agreement.

Alternate Railway Safeworking Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established