DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd
(AG2020/432)

AUSTRALIAN RAIL TRACK CORPORATION NEW SOUTH WALES (NSW) ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 JUNE 2020

Application for approval of the Australian Rail Track Corporation New South Wales (NSW) Enterprise Agreement 2019.

Introduction

[1] An application has been made for approval of an enterprise agreement to be known as the Australian Rail Track Corporation New South Wales (NSW) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Rail Track Corporation Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

(a) Australian Rail, Tram and Bus Industry Union;

(b) Australian Municipal, Administrative, Clerical and Services Union;

(d) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers the foregoing organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2020. The nominal expiry date of the Agreement is 11 June 2023.

[7] This Decision is to be read in conjunction with my Reasons for Decision in [2020] FWC 2953.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Rail Track Corporation Limited sought approval of the Australian Rail Track Corporation New South Wales (NSW) Enterprise Agreement 2019. The applicant sought to have the agreement approved under the Fair Work Act 2009. The respondents were the Rail, Tram and Bus Union, Rail, Tram and Bus Industry Union, and the Transport Officers’ Union. The dispute was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement met the criteria for approval under section 234 of the Act, including whether it promoted high levels of productivity and efficiency, and whether it provided for the appropriate resolution of workplace disputes. The Commission also had to consider whether the agreement complied with the provisions of the Act that protect the rights of employees and employers.

The Commission found that the agreement met the requirements of the Fair Work Act 2009. It determined that the agreement promoted high levels of productivity and efficiency by providing for modern and flexible working arrangements, and by promoting the use of technology. The Commission also found that the agreement provided for the appropriate resolution of workplace disputes through the establishment of a dispute resolution framework. The Commission concluded that the agreement complied with the provisions of the Act that protect the rights of employees and employers, including the provisions that protect the right to freedom of association and the right to bargain collectively.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications related to the provisions of the agreement that dealt with the classification of employees and the payment of allowances. The Commission made orders approving the agreement with the modifications, and the agreement came into effect on 1 July 2020.

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

DECISION

Introduction

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established