Australian Rail Track Corporation Ltd

[2013] FWCA 6895

FAIR WORK COMMISSION

DECISION

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

Australian Rail Track Corporation Ltd
(AG2013/2734)

ARTC SOUTH AUSTRALIA / WESTERN AUSTRALIA INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the ARTC South Australia / Western Australia Infrastructure Maintenance Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ARTC South Australia / Western Australia Infrastructure Maintenance Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Rail Track Corporation 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Rail, Tram and Bus Industry Union (RTBU), each being a bargaining representative for the Agreement, have 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 each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 September 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Australian Rail Track Corporation Limited applied for approval of the ARTC South Australia/Western Australia Infrastructure Maintenance Enterprise Agreement 2013. The respondents were the Rail, Tram and Bus Union, the Professional Engineers Australia and the Transport Workers Union of Australia. The agreement was a proposed enterprise agreement for employees within the corporation's maintenance division in South Australia and Western Australia. The dispute centred around the interpretation and application of certain provisions within the proposed agreement, including issues regarding employee classification, shift patterns, and the calculation of penalty rates.

The legal issues before the Commission involved determining whether the proposed agreement complied with the Fair Work Act 2009, specifically focusing on the procedural fairness of the agreement's development and whether it met the "better off overall test." This test required the Commission to assess if the proposed agreement would provide employees with a minimum of comparable financial benefits as their previous conditions of employment. Additionally, the Commission had to consider the procedural fairness of the agreement's development, including whether there was genuine bargaining between the parties and if the agreement was properly presented to the employees.

The Commission found that the proposed agreement met the better off overall test, as employees would be better off with the new agreement in terms of pay and conditions. The Commission also determined that the agreement was procedurally fair, as there was evidence of genuine bargaining and proper consultation with the employees. The Commission approved the proposed agreement, noting that it provided for a fair and reasonable outcome for both the employees and the employer. The Commission's decision was based on the evidence presented and the legal principles set out in the Fair Work Act 2009. The Commission found that the agreement was fair and reasonable, and therefore approved it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established