Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd

[2023] FWCA 1346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd

(AG2023/1227)

ARTC SA / WA INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MAY 2023

Application for approval of the ARTC SA / WA Infrastructure Maintenance Enterprise Agreement 2023

Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the ARTC SA / WA Infrastructure Maintenance Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Rail, Tram and Bus Industry Union and the ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (together, the organisations), 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), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 15 May 2023 and, in accordance with s 54, will operate from 22 May 2023. The nominal expiry date of the Agreement is 15 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Rail Track Corporation Ltd sought approval for the ARTC SA / WA Infrastructure Maintenance Enterprise Agreement 2023. The agreement sought to regulate the terms and conditions of employment for certain employees of the corporation. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was a "simple, fair and flexible" agreement, as required by section 234 of the Fair Work Act. This required the Commission to assess whether the agreement was free from coercion, undue influence, and whether it provided for proper minimum terms and conditions. Additionally, the Commission had to consider whether the agreement provided for the proper representation of employees and employers, and whether it was likely to facilitate the improvement of workplace relations.

The Commission found that the agreement met the statutory requirements and was a simple, fair and flexible agreement. The Commission noted that the agreement was the result of good faith negotiations between the parties and that it provided for proper minimum terms and conditions. The Commission was also satisfied that the agreement provided for the proper representation of employees and employers and that it was likely to facilitate the improvement of workplace relations. The Commission approved the agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the ARTC SA / WA Infrastructure Maintenance Enterprise Agreement 2023, subject to modifications. The modifications included changes to the agreement to ensure that it provided for proper minimum terms and conditions, and that it met the requirements of the Fair Work Act. The Commission's decision provides clarity on the requirements for enterprise agreements and sets a precedent for future agreements in the rail industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established