Australian Rail, Tram and Bus Industry Union Summary

[2023] FWCA 877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Rail, Tram and Bus Industry Union

(AG2023/422)

DECISION

Rail industry
COMMISSIONER SIMPSON	BRISBANE, 20 MARCH 2023

Application for approval of the Cairns Kuranda Steam Collective Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cairns Kuranda Steam Collective Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Rail, Tram and Bus Industry Union (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Rail, Tram and Bus Industry Union (RTBU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the RTBU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER SIMPSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Rail, Tram and Bus Industry Union applied for the approval of the Cairns Kuranda Steam Collective Agreement 2023. The application was made under section 177 of the Fair Work Act 2009. The dispute centred on the union's request for the agreement to be approved without a vote of the employees it represented, a process typically required to ensure the agreement's legitimacy and acceptance by the workforce.

The primary legal issue before the court was whether the union had met the statutory criteria for applying for the approval of a workplace agreement without a vote. Under section 177 of the Fair Work Act 2009, an agreement can be approved without a vote if the union can demonstrate that it has followed certain procedures and that the agreement is fair and reasonable. The court needed to examine the evidence presented by the union to determine whether these criteria were satisfied.

The court thoroughly reviewed the application and the accompanying evidence, including the union's compliance with procedural requirements and the fairness of the agreement. After careful consideration, the court concluded that the union had met the necessary criteria for approval without a vote. The agreement was deemed fair and reasonable, and the court approved it. This decision was based on the union's adherence to the required procedures and the content of the agreement, which was found to be beneficial and equitable for the employees involved.

The final order of the court was the approval of the Cairns Kuranda Steam Collective Agreement 2023, effective immediately. This decision ensures that the agreement can be implemented without further delay, providing clarity and certainty for both the union and the employees it represents.

Australian Rail, Tram and Bus Industry Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established