DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail Track Corporation Ltd
(AG2018/6185)

AUSTRALIAN RAIL TRACK CORPORATION (NSW) INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER WILSON	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Australian Rail Track Corporation (NSW) Infrastructure Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Rail Track Corporation (NSW) Infrastructure Maintenance Enterprise Agreement 2018 (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.

[3] 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.

[4] The Australian Rail, Tram & Bus Industrial 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2019. The nominal expiry date of the Agreement is 14 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Australian Rail Track Corporation Limited, sought approval of the Australian Rail Track Corporation (NSW) Infrastructure Maintenance Enterprise Agreement 2018. The respondent, the Rail, Tram and Bus Union, opposed the application. The dispute was heard in the Fair Work Commission. The central legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it provided for the fair and equitable resolution of workplace issues and whether it was free from any unlawful content. The Rail, Tram and Bus Union argued that the agreement failed to meet these standards.

The Commission examined the provisions of the agreement to determine its compliance with the legislative framework. It considered whether the agreement allowed for genuine collective bargaining, provided for fair and equitable resolution of workplace issues, and did not contain any provisions that were contrary to public policy or otherwise unlawful. The Commission also assessed whether the agreement contained appropriate mechanisms for resolving disputes and whether it complied with other relevant legislative requirements. Ultimately, the Commission found that the agreement satisfied all the necessary criteria for approval.

The Fair Work Commission determined that the agreement was fair and equitable, providing for the proper resolution of workplace issues. The Commission found that the agreement contained appropriate mechanisms for resolving disputes and did not contain any unlawful content. The application for approval of the agreement was therefore granted. The Commission's decision was based on a comprehensive review of the agreement's provisions and its alignment with the requirements of the Fair Work Act 2009. The Fair Work Commission's approval of the agreement ensures that it will be a binding enterprise agreement for the purposes of the Act.

Australian Rail Track Corporation Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established