Australian Rail Track Corporation Ltd Summary

[2021] FWCA 6151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail Track Corporation Ltd
(AG2021/7381)

ARTC ENTERPRISE AGREEMENT 2021

Rail industry
COMMISSIONER YILMAZ	MELBOURNE, 7 OCTOBER 2021

Application for approval of the ARTC Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the ARTC 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 Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Rail, Tram and Bus Industry Union, and Professionals Australia 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 14 October 2021. The nominal expiry date of the Agreement is 13 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Australian Rail Track Corporation Ltd (ARTC), sought approval of the ARTC Enterprise Agreement 2021 from the Fair Work Commission (FWC). The applicants argued that the proposed agreement was fair and reasonable, meeting the requirements of the Fair Work Act 2009 (Cth). The dispute was brought before the FWC, which had to determine whether the agreement was in compliance with the legislation and if it was fair and reasonable for the purposes of the Act.

The primary legal issues that the FWC had to decide were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009 (Cth). Specifically, the FWC had to consider if the agreement was fair and reasonable, if it contained the necessary minimum terms and conditions, and if it complied with any relevant national employment standards. Additionally, the FWC had to ensure that the agreement did not unfairly discriminate against any group of employees.

The FWC thoroughly examined the proposed agreement and concluded that it was fair and reasonable. The FWC found that the agreement contained all the necessary minimum terms and conditions and complied with the relevant national employment standards. The FWC also determined that the agreement did not unfairly discriminate against any group of employees. Given these findings, the FWC approved the ARTC Enterprise Agreement 2021. The FWC's decision was based on a detailed analysis of the agreement and the relevant legislation, ensuring that all necessary criteria for approval were met.

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