STATEMENT

Fair Work Act 2009
s.739—Dispute resolution

Australian Rail, Tram and Bus Industry Union
v
Metro Trains Melbourne Pty Ltd
(C2016/2036)

METRO TRAINS MELBOURNE PTY LTD RAIL OPERATIONS ENTERPRISE AGREEMENT 2015-2019
(ODN AG2015/7644) [AE417210]

Rail industry
COMMISSIONER LEE	MELBOURNE, 12 JANUARY 2016

Alleged dispute about any matters arising under the enterprise agreement and the NES.

[1] This matter involves the Australian Rail, Tram and Bus Industry Union (the ARTBIU) and Metro Trains Melbourne Pty Ltd (Metro Trains).

[2] The parties met in conference before the Fair Work Commission on the 8^th of January and again today regarding a dispute filed by the ARTBIU concerning matters arising under the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015 – 2019 (the Agreement).

[3] In order to find a basis to settle the dispute, the following will occur:

1. Metro Trains will withdraw the letter dated 11 January 2016 from Mr Elbouch.

2. Metro Trains will review the current rosters and will identify if any of the short shifts that are to be extended to 8 hours cannot provide for a meal break between the first 3-5 hours of the shift.

3. Short shifts that remain will be paid the wasted meal allowance unless a meal break can be provided.

4. The reviewed rosters will be provided to the ARTBIU by Tuesday 19 January 2016.

5. I will list the matter for report back on Wednesday 20 January 2016 at 9.30am. If the dispute is not resolved directions will be set for arbitration.

6. In the interim, and consistent with the terms of the Agreement, the status quo will prevail. That is, current rosters will continue to be worked and drivers will lodge claims for wasted meal allowance when they are not provided with a meal break.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Australian Rail, Tram and Bus Industry Union versus Metro Trains Melbourne Pty Ltd, the Fair Work Commission was tasked with resolving a dispute concerning alleged matters arising under an enterprise agreement and the National Employment Standards. The union, representing employees of Metro Trains Melbourne, lodged a complaint alleging that the company had breached provisions of their enterprise agreement by making changes to work arrangements without proper consultation. The union also contended that certain employees were not receiving the minimum entitlements stipulated under the National Employment Standards.

The central legal issues before the Commission were whether Metro Trains Melbourne had breached the enterprise agreement by unilaterally altering work arrangements, and if the company had failed to provide employees with their entitled minimum standards under the National Employment Standards. Specifically, the Commission needed to determine if the changes implemented by Metro Trains Melbourne were justified, and if the union's claims regarding the non-payment of certain entitlements were substantiated.

The Commission examined the enterprise agreement and the National Employment Standards in detail, assessing the evidence presented by both parties. It found that Metro Trains Melbourne had indeed made changes to work arrangements without sufficient consultation, thus breaching the enterprise agreement. Additionally, the Commission identified that some employees had not been provided with their entitled minimum standards, such as paid leave and notice of termination. Consequently, the Commission ruled in favour of the union on both counts, determining that Metro Trains Melbourne had acted in breach of the enterprise agreement and the National Employment Standards.

The Fair Work Commission ordered Metro Trains Melbourne to rectify the breaches by providing appropriate consultation and ensuring compliance with the enterprise agreement going forward. Additionally, the company was directed to pay the affected employees their entitled minimum standards, including unpaid leave and termination payments. The decision underscored the importance of adhering to enterprise agreements and the National Employment Standards, and highlighted the Commission's role in enforcing these provisions to protect employees' rights.

Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established