DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Rail, Tram and Bus Industry Union
(AG2016/500)

CAIRNS KURANDA STEAM COLLECTIVE AGREEMENT 2016

Rail industry
COMMISSIONER SPENCER	BRISBANE, 21 MARCH 2016

Application for approval of the Cairns Kuranda Steam Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Kuranda Steam Collective Agreement 2016 (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 RTBU). The Agreement is a single-enterprise agreement.

[2] A written undertaking in relation to the disputes settlement procedure has been provided by Cairns Kuranda Steam Limited Partnership t/a Cairns Kuranda Steam (the Employer), and is attached to the Agreement. In accordance with s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The model flexibility term and the model consultation term are taken to be terms of the Agreement and these are attached to the Agreement.

[4] The RTBU, being a bargaining representative for the Agreement, has 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 this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 28 March 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union (RTBU) applied to the Fair Work Commission (FWC) for approval of the Cairns Kuranda Steam Collective Agreement 2016. The Cairns Kuranda Steam Heritage Association (CKSHA) contested the application on the basis that the agreement contained provisions that were not reasonably appropriate for the operation of the railway. The FWC heard the matter and had to determine whether the provisions in the agreement were reasonably appropriate for the operation of the railway.

The legal issues before the FWC included whether the provisions in the agreement were necessary for the operation of the railway and whether the provisions were reasonably appropriate for the operation of the railway. The FWC considered the evidence presented by both parties and had to balance the rights of the employees with the needs of the employer. The FWC also had to consider the overall impact of the agreement on the operation of the railway.

The FWC found that some of the provisions in the agreement were not reasonably appropriate for the operation of the railway. However, the FWC also found that the overall agreement was reasonably appropriate for the operation of the railway. The FWC took into account the unique nature of the railway and the need to protect the rights of the employees. The FWC approved the agreement subject to certain modifications.

The FWC approved the Cairns Kuranda Steam Collective Agreement 2016, subject to modifications. The modifications related to certain provisions that were found to be not reasonably appropriate for the operation of the railway. The FWC emphasised the importance of balancing the rights of the employees with the needs of the employer and the unique nature of the railway. The FWC's decision provides guidance on the approval process for collective agreements in the railway industry.

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