DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail, Tram and Bus Industry Union-Queensland Branch
(AG2018/4610)

CAIRNS KURANDA STEAM COLLECTIVE AGREEMENT 2018

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Cairns Kuranda Steam Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Kuranda Steam Collective Agreement 2018 (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, Tram and Bus Industry Union-Queensland Branch. The Agreement is a single enterprise agreement.

[2] The Employer 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 being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 February 2019 and, in accordance with s.54, will operate from 1 March 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Cairns Kuranda Steam Collective Agreement 2018 was heard by the Fair Work Commission, with the Australian Rail, Tram and Bus Industry Union-Queensland Branch as the applicant. The agreement in question governs the employment terms and conditions of workers who operate the heritage railway line between Cairns and Kuranda, which is managed by Kuranda Scenic Rail Pty Ltd. The union sought the approval of the agreement under the Fair Work Act 2009, claiming that it appropriately reflected the bargaining positions of the parties involved and met the standards of good faith bargaining and procedural fairness.

The legal issues central to this case revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it had been fairly and properly negotiated, and if it adhered to the relevant procedural fairness standards. Additionally, the Commission examined whether the agreement contained provisions that were consistent with the Fair Work Act's objectives, including fair and reasonable terms and conditions of employment.

In delivering its decision, the Commission assessed the evidence presented by both the union and the employer, focusing on the negotiation process and the content of the agreement. The Commission found that the agreement was the product of good faith bargaining, as there was no evidence of coercion or undue influence on either side. Furthermore, the Commission concluded that the agreement was fair and reasonable, containing provisions that were consistent with the statutory objectives. The Commission highlighted that the agreement provided for a balanced distribution of benefits and obligations between the parties, ensuring that it was procedurally fair and met the necessary standards for approval. Consequently, the Commission approved the Cairns Kuranda Steam Collective Agreement 2018.

The Fair Work Commission's final order was to approve the Cairns Kuranda Steam Collective Agreement 2018, which will govern the employment terms and conditions of the workers for the specified period. The approval was based on the finding that the agreement was made in good faith, negotiated fairly, and contained provisions that were fair and reasonable in accordance with the Fair Work Act. This decision ensures that the workers will have a clear and legally binding agreement outlining their employment terms.

Australian Rail, Tram and Bus Industry Union-Queensland Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established