DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aspire Indigenous Pty Ltd
(AG2016/1390)

ASPIRE INDIGENOUS PTY LTD & RAIL TRAM & BUS UNION GREENFIELDS AGREEMENT VICTORIA 2016

Rail industry
COMMISSIONER LEE	MELBOURNE, 4 JULY 2016

Application for approval of the Aspire Indigenous Pty Ltd & Rail Tram & Bus Union Greenfields Agreement Victoria 2016.

[1] An application has been made for approval of a greenfields agreement known as the Aspire Indigenous Pty Ltd & Rail Tram & Bus Union Greenfields Agreement Victoria 2016 (the Agreement). The application was made by Aspire Indigenous Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Australian Rail, Tram and Bus Industry Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Rail, Tram and Bus Industry Union and that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Aspire Indigenous Pty Ltd, sought approval from the Fair Work Commission of the Aspire Indigenous Pty Ltd & Rail Tram & Bus Union Greenfields Agreement Victoria 2016. The application was made pursuant to section 234 of the Fair Work Act 2009. The applicant's submission was opposed by the respondents, the Rail Tram and Bus Union and its members, as well as the Public Transport Union and its members. The application was opposed on the grounds that the agreement would result in a significant deterioration of the terms and conditions of the employees covered by the agreement. The applicants submitted that the agreement would result in a significant improvement in the terms and conditions of the employees. The Commission was required to determine whether the agreement should be approved. The Commission found that the agreement would result in a significant improvement in the terms and conditions of the employees, and therefore approved the agreement. The Commission found that the agreement was in the best interests of the employees and should be approved. The Commission also found that the agreement was consistent with the objects of the Fair Work Act. The Commission approved the agreement, subject to certain conditions.

Aspire Indigenous Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established