DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arc Infrastructure Employment Pty Ltd
(AG2018/261)

ARC INFRASTRUCTURE ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER JOHNS	SYDNEY, 21 MAY 2018

Application for approval of the Arc Infrastructure Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Arc Infrastructure Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arc Infrastructure Employment 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 Australian Rail, Tram and Bus Industry Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Arc Infrastructure Employment Pty Ltd was the applicant in an application for approval of the Arc Infrastructure Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The agreement was contested by the Rail, Tram and Bus Industry Union, which raised objections to specific provisions regarding the transfer of employees to new employers. The dispute centred on whether the terms of the agreement were procedurally and substantively fair and if they complied with the relevant industrial relations laws.

The legal issues before the court involved the procedural fairness of the agreement, including whether proper consultation and negotiation had taken place, and the substantive fairness of the agreement's terms, specifically those related to the transfer of employees. The court also had to consider whether the agreement met the criteria for being a good faith bargain as required by the Fair Work Act 2009. The court examined whether the agreement was in the best interests of the employees and whether it provided adequate protections and benefits.

The Fair Work Commission found that the agreement was procedurally fair, as there had been adequate consultation and negotiation processes in place. However, the court identified certain provisions regarding the transfer of employees as substantively unfair. The court held that these provisions did not adequately protect the interests of the employees and did not represent a good faith bargain. As a result, the court approved the agreement with modifications to those specific provisions to ensure they were fair and in the best interests of the employees. The modified agreement was then subject to the parties' implementation.

Arc Infrastructure Employment 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