DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail, Tram and Bus Industry Union
(AG2016/3699)

VICTORIAN LOCOMOTIVE DIVISION OFFICE ADMINISTRATIVE STAFF ENTERPRISE AGREEMENT 2015 - 2019

Rail industry
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Victorian Locomotive Division Office Administrative Staff Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Locomotive Division Office Administrative Staff Enterprise Agreement 2015 - 2019 (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 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union sought approval of the Victorian Locomotive Division Office Administrative Staff Enterprise Agreement 2015-2019 in the Fair Work Commission. The dispute centred on whether the agreement was suitable for endorsement as a registered agreement under the Fair Work Act 2009. The union argued that the agreement met the necessary criteria, while the employer contended that it did not. The Fair Work Commission was required to determine whether the agreement complied with the provisions of the Fair Work Act, including provisions related to minimum entitlements, dispute resolution, and procedural fairness.

The Commission examined the agreement's provisions and found that it provided for minimum entitlements, contained an effective dispute resolution process, and adhered to procedural fairness. The Commission also considered submissions from both parties and relevant legislative and regulatory frameworks. After thorough consideration, the Commission concluded that the agreement was suitable for approval and registration as a registered agreement. The Commission found that the agreement was in the best interests of the employees and the employer, and that it provided a fair and reasonable outcome for all parties involved.

The Fair Work Commission approved the Victorian Locomotive Division Office Administrative Staff Enterprise Agreement 2015-2019 as a registered agreement. The decision was based on the Commission's determination that the agreement met the necessary criteria under the Fair Work Act, including provisions related to minimum entitlements, dispute resolution, and procedural fairness. The approval of the agreement ensures that the employees covered by the agreement will receive fair and reasonable terms and conditions of employment, while also providing certainty and stability to the employer. The decision is a significant outcome for both the union and the employer, and provides a positive example of effective enterprise bargaining.

Australian Rail, Tram and Bus Industry Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established