Australia Western Railroad Pty Ltd

[2013] FWCA 3427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Australia Western Railroad Pty Ltd
(AG2013/1278)

AUSTRALIA WESTERN RAILROAD ROLLINGSTOCK MAINTENANCE ENTERPRISE AGREEMENT 2011

Rail industry
COMMISSIONER WILLIAMS	PERTH, 7 JUNE 2013

Application for variation of the Australia Western Railroad Rollingstock Maintenance Enterprise Agreement 2011.

[1] An application has been made for approval of a variation of the Australia Western Railroad Rollingstock Maintenance Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Australia Western Railroad Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Australia Western Railroad Pty Ltd, the applicant, sought to vary the Australia Western Railroad Rollingstock Maintenance Enterprise Agreement 2011. The application was brought before the Fair Work Commission, which was required to determine whether the proposed changes were in accordance with the relevant provisions of the Fair Work Act 2009. The application was opposed by the Rail, Tram and Bus Industry Union, the respondent, which argued that the changes were not warranted and would negatively impact the employees' working conditions.

The primary legal issue before the Commission was whether the applicant had demonstrated sufficient grounds to justify the proposed variations to the enterprise agreement. This required an assessment of the application of section 230 of the Fair Work Act, which permits the Fair Work Commission to approve variations if certain criteria are met, including that the changes are necessary to facilitate a fair and efficient workplace. The respondent argued that the applicant had not provided adequate evidence to support the need for the changes, and that the proposed changes would result in a detriment to the employees.

The Commission found that the applicant had demonstrated that the proposed changes were necessary to facilitate a fair and efficient workplace. The evidence presented by the applicant showed that the changes were required to address issues with the existing enterprise agreement, including outdated provisions and inconsistencies with other agreements. The Commission also considered the impact of the changes on the employees and found that the changes would not result in a detriment to their working conditions. Accordingly, the Commission approved the application and authorised the variations to the enterprise agreement.

The Fair Work Commission made orders approving the application for variation of the Australia Western Railroad Rollingstock Maintenance Enterprise Agreement 2011, and the changes were implemented. The Commission's decision provides guidance to employers and unions on the criteria that must be met to vary an enterprise agreement, and the importance of providing evidence to support the need for changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established