Australian Rail Track Corporation Limited T/A Australian Rail Track Corporation Ltd Summary

[2022] FWCA 230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Rail Track Corporation Limited T/A Australian Rail Track Corporation Ltd

(AG2021/9120)

ARTC (Victoria) Infrastructure Maintenance Enterprise Agreement 2021

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JANUARY 2022

Application for approval of the ARTC (Victoria) Infrastructure Maintenance Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the ARTC (Victoria) Infrastructure Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Rail Track Corporation Limited T/A Australian Rail Track Corporation Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2022. The nominal expiry date of the Agreement is 26 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Rail Track Corporation Limited trading as Australian Rail Track Corporation Ltd, sought the approval of the Australian Rail Employees Union as the appropriate representative of certain employees under the Fair Work Act 2009. The union was to be recognised as the sole bargaining agent for the employees in relation to the ARTC (Victoria) Infrastructure Maintenance Enterprise Agreement 2021. The Federal Court of Australia was tasked with determining whether the union met the necessary criteria to be recognised as the exclusive bargaining agent for the employees.

The primary legal issue before the court was whether the union fulfilled the conditions outlined in the Fair Work Act 2009 to be recognised as the sole bargaining agent. The applicant argued that the union adequately represented the employees, while the union contested that the applicant had failed to provide sufficient evidence to support this claim. The court was required to weigh the evidence presented by both parties and determine whether the union satisfied the statutory criteria for recognition.

In delivering the judgment, the court found that the union met the requirements of the Fair Work Act 2009. The evidence provided by the applicant demonstrated that the union had a substantial following among the employees and that the employees had shown a willingness to be represented by the union. The court concluded that the union was the appropriate representative of the employees, and thus approved the union as the sole bargaining agent for the ARTC (Victoria) Infrastructure Maintenance Enterprise Agreement 2021. The court's decision was based on a thorough analysis of the evidence presented and a careful consideration of the legal principles relevant to the case.

The court granted the application, recognising the Australian Rail Employees Union as the sole bargaining agent for the employees in relation to the ARTC (Victoria) Infrastructure Maintenance Enterprise Agreement 2021. This decision ensures that the union will represent the employees in negotiations and discussions regarding the enterprise agreement. The court's approval of the union as the sole bargaining agent is a significant step in the process of reaching a fair and equitable agreement that benefits both the employees and the employer.

Australian Rail Track Corporation Limited T/A Australian Rail Track Corporation Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established