DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail Track Corporation Ltd
(AG2018/5534)

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

Rail industry
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Rail Track Corporation (Victoria) 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 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) 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 31 January 2019. The nominal expiry date of the Agreement is 31 January 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 an enterprise agreement in relation to the maintenance of infrastructure in Victoria. The application was heard in the Fair Work Commission, with the decision being handed down by Deputy President McInerney. The agreement was intended to cover employees who were engaged in the maintenance of infrastructure for the applicant and who were members of the Rail, Tram and Bus Industry Union. The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it complied with the process for approval as outlined in the legislation.

The Commission considered whether the agreement had been made in good faith and whether it contained the necessary provisions for employees' wages and conditions. The Commission also had to be satisfied that the agreement had been properly negotiated and that the process for its approval had been followed. The applicant argued that the agreement was fair and reasonable and that it met all the necessary requirements. The Commission found that the agreement was appropriately negotiated and contained all the necessary provisions. The Commission was satisfied that the process for approval had been followed and that the agreement met the requirements of the Act. The Commission approved the agreement and made the necessary orders.

The approval of the agreement means that the terms and conditions of employment for the employees covered by the agreement are now set out in the agreement rather than in the relevant award. The agreement provides for a range of matters including wages, penalties, leave, and other conditions of employment. The approval of the agreement by the Commission ensures that the employees covered by the agreement have a fair and reasonable agreement that meets the requirements of the Act. The Commission's decision is final and binding on the parties.

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