DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail Track Corporation Limited
(AG2021/4139)

ARTC SA/WA INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2021

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 APRIL 2021

Application for approval of the ARTC SA / WA Infrastructure Maintenance Enterprise Agreement 2021.

[1] Australian Rail Track Corporation Limited has made an application for the approval of an enterprise agreement known as the ARTC SA / WA Infrastructure Maintenance Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australian Manufacturing Workers Union and the Australian Rail, Tram and Bus Industry Union (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[6] The Agreement was approved on 8 April 2021and, in accordance with s 54, will operate from 15 April 2021. The nominal expiry date of the Agreement is 8 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Rail Track Corporation Limited (ARTC) for the approval of the ARTC South Australia / Western Australia Infrastructure Maintenance Enterprise Agreement 2021. The application was made under section 237 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered agreement. The dispute centred around the terms and conditions of employment for employees under the proposed agreement, with arguments from various parties about whether the agreement met the necessary legal standards and protections for workers.

The central legal issues before the Commission were whether the proposed enterprise agreement provided adequate protections for employees, complied with the provisions of the Fair Work Act, and whether the process of developing and negotiating the agreement was fair and transparent. The Commission needed to assess whether the agreement adhered to the 'better off overall test' and whether it included all the mandated minimum terms and conditions as required by the Fair Work Act.

In making its decision, the Fair Work Commission thoroughly examined the contents of the proposed agreement, considering submissions from ARTC, union representatives, and other stakeholders. The Commission found that the agreement met all the statutory requirements and provided fair terms for employees, including provisions for pay, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was likely to be better off overall for the employees and approved the application, endorsing the agreement as a registered enterprise agreement. The approval was subject to certain conditions, including the requirement for ongoing consultation and reporting on the agreement's implementation.

Australian Rail Track Corporation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established