DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd
(AG2017/6055)

ARTC SOUTH AUSTRALIA / WESTERN AUSTRALIA INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 APRIL 2018

Application for approval of the ARTC South Australia / Western Australia Infrastructure Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ARTC South Australia / Western Australia Infrastructure Maintenance Enterprise Agreement 2017 (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 T/A Australian Rail Track Corporation Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Rail, Tram and Bus Industry Union & “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a 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 was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Rail Track Corporation Limited, trading as the Australian Rail Track Corporation, applied for the approval of the ARTC South Australia / Western Australia Infrastructure Maintenance Enterprise Agreement 2017. The dispute centred on the terms and conditions of employment for employees within the specified regions. The corporation sought the commission's approval of the enterprise agreement, which was proposed to govern the terms and conditions of employment for the employees covered by the agreement. The application was made under the Fair Work Act 2009, specifically section 233, which empowers the Fair Work Commission to approve enterprise agreements that meet certain criteria.

The legal issues before the commission included whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Key among these was ensuring that the agreement was fairly negotiated, free from any improper influences, and that it did not adversely affect employees' rights to be protected from unfair dismissal. The commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including remuneration, working hours, leave entitlements, and other employment-related matters. Additionally, the commission examined whether the agreement contained any provisions that were contrary to public policy or that would undermine the fundamental rights of employees.

After reviewing the application and the proposed agreement, the Fair Work Commission determined that the ARTC South Australia / Western Australia Infrastructure Maintenance Enterprise Agreement 2017 met the necessary criteria for approval. The commission found that the agreement was fairly negotiated and did not contain any provisions that were contrary to public policy or detrimental to the employees' fundamental rights. The commission also concluded that the agreement provided for fair and reasonable terms and conditions of employment. Consequently, the commission approved the agreement under section 233 of the Fair Work Act 2009, effective from the date specified in the agreement. The decision was made and communicated to the parties involved in accordance with the legal framework governing enterprise agreements in Australia.

Australian Rail Track Corporation Ltd T/A 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