Australian Rail Track Corporation Ltd Summary

[2022] FWCA 422

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Australian Rail Track Corporation Ltd

(AG2021/9295)

ARTC NSW INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2022

Rail industry
Commissioner Matheson	SYDNEY, 9 FEBRUARY 2022

Application for approval of the ARTC NSW Infrastructure Maintenance Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the ARTC NSW Infrastructure Maintenance Enterprise Agreement 2022 (Agreement). The application was made by Australian Rail Track Corporation Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Applicant advised the Commission that clause 1.1.4 of the Agreement contains an error in that the term ‘ARTC’ was defined as ‘Australian Rail Track Corporation’. The Applicant sought a correction to clause 1.1.4 of the Agreement so that the definition of ‘ARTC’ reflects the correct legal name of the employer covered by the Agreement and reads as:

“‘ARTC’ means Australian Rail Track Corporation Limited. ABN 75 081 455 754.”

I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act. I make the amendment.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Australian Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2022. The nominal expiry date of the Agreement is 16 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Rail Track Corporation Ltd sought approval of the ARTC NSW Infrastructure Maintenance Enterprise Agreement 2022. The dispute centred on whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009, particularly concerning the provisions related to employment terms and conditions for employees within the NSW infrastructure maintenance sector.

The key legal issue the Commission needed to address was whether the agreement provided for fair and reasonable terms and conditions for employees, ensuring it did not disadvantage workers. The Commission also had to determine if the agreement adequately covered essential matters and was compliant with the requirements of the Fair Work Act. This involved examining the agreement’s provisions on wages, hours of work, leave entitlements, and other employment-related matters to ascertain if they met the criteria for approval.

After careful consideration of the arguments presented by both parties, the Commission concluded that the proposed agreement was fair and reasonable. It found that the agreement provided adequate protections for employees, including appropriate wage rates, reasonable hours of work, and sufficient leave entitlements. The Commission determined that the agreement was compliant with the requirements of the Fair Work Act and met the necessary standards for approval. Consequently, the Commission approved the ARTC NSW Infrastructure Maintenance Enterprise Agreement 2022.

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