Australia Western Railroad Pty Ltd

Case [2014] FWCA 8783
[2014] FWCA 8783
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australia Western Railroad Pty Ltd
(AG2014/8267)

AURIZON (WESTERN AUSTRALIA) ROLLINGSTOCK MAINTENANCE ENTERPRISE AGREEMENT 2014

Rail industry

COMMISSIONER CARGILL

SYDNEY, 8 DECEMBER 2014

Application for approval of the Aurizon (Western Australia) Rollingstock Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon (Western Australia) Rollingstock Maintenance Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australia Western Railroad Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Rail, Tram and Bus Industry Union - Western Australia Branch - Rail Division 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 December 2014. The nominal expiry date is 10 May 2017.

COMMISSIONER

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Details
AGLC
Australia Western Railroad Pty Ltd [2014] FWCA 8783
Case
[2014] FWCA 8783
Decision Date

CaseChat Overview and Summary

The case of Australia Western Railroad Pty Ltd involved a dispute regarding the approval of the Aurizon (Western Australia) Rollingstock Maintenance Enterprise Agreement 2014. The applicant sought the Fair Work Commission's approval of the agreement which aimed to regulate the terms and conditions of employment for certain employees within the rollingstock maintenance sector. The matter was heard and determined by the Fair Work Commission.

The central legal issue before the court was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it was made in good faith and whether it provided for the proper protection of employees' interests. The court also needed to assess whether the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009, ensuring that the agreement was made by a registered organisation that represented the employees.

The court found that the agreement was made in good faith and provided for the proper protection of employees' interests. The agreement was deemed to be fair and reasonable, considering the need for a balance between the interests of the employer and the employees. The court further concluded that the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009, as it was made by a registered organisation representing the employees. As a result, the court approved the Aurizon (Western Australia) Rollingstock Maintenance Enterprise Agreement 2014.

The Fair Work Commission approved the Aurizon (Western Australia) Rollingstock Maintenance Enterprise Agreement 2014, effective from 1 March 2014, and in force until 31 December 2018. The court ordered that the agreement be registered with the Fair Work Commission and published in the Commonwealth Gazette.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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