Australian Rail, Tram and Bus Industry Union

[2022] FWCA 4205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Rail, Tram and Bus Industry Union

(AG2022/4864)

ENH Management Services and RTBU Agreement 2022

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 DECEMBER 2022

Application for approval of the ENH Management Services and RTBU Agreement 2022

An application has been made for approval of a greenfields agreement known as the ENH Management Services and RTBU Agreement 2022 (the Agreement). The application was made by the Australian Rail, Tram and Bus Industry Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Rail, Tram and Bus Industry Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I observe that clauses 2.9, 2.10.3, 15.9 and 16.1.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Rail, Tram and Bus Industry Union and that the Agreement covers this organisation.
The Agreement was approved on 1 December 2022 and, in accordance with s.54, will operate from 8 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Rail, Tram and Bus Industry Union (RTBU), sought approval for the ENH Management Services and RTBU Agreement 2022. This agreement was a collective bargaining agreement between the RTBU and ENH Management Services, which provides management services to various entities within the rail, tram, and bus industry. The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009 (Cth).

The primary legal issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act. The FWC had to determine if the agreement satisfied the requirements for being a lawful agreement, whether it contained only lawful content, and if the agreement had been made in accordance with the prescribed processes. Additionally, the FWC had to consider if the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions.

The FWC reviewed the agreement in detail, assessing its compliance with the Fair Work Act. The FWC found that the agreement contained only lawful content and was made in accordance with the prescribed processes. The FWC also considered the terms and conditions of the agreement and whether they were fair and reasonable. After thorough analysis, the FWC concluded that the agreement met the criteria for approval and was in the best interests of the employees. The FWC approved the ENH Management Services and RTBU Agreement 2022, thereby allowing it to be registered and enforceable under the Fair Work Act.

In conclusion, the FWC approved the ENH Management Services and RTBU Agreement 2022, finding that it met the criteria for approval under the Fair Work Act and was in the best interests of the employees. The FWC's decision provided clarity and certainty for both the RTBU and ENH Management Services, ensuring the agreement could be implemented and enforced within the rail, tram, and bus industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established