DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axiom Rail Pty Ltd
(AG2016/6238)

AXIOM RAIL ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Axiom Rail Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Axiom Rail Enterprise 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 Axiom Rail Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Axiom Rail Pty Ltd, an employer in the rail industry, sought approval for the Axiom Rail Enterprise Agreement 2016. The application was made by the employer to ensure the agreement's provisions complied with the relevant industrial legislation and to secure its enforcement as a binding enterprise agreement. The primary dispute centred on whether the agreement met all the statutory requirements for approval and enforcement, particularly focusing on the process through which the agreement was made and the extent to which it adhered to the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was genuinely negotiated between the employer and the employees, whether the agreement included all the mandatory terms required by law, and whether the process of making the agreement was procedurally fair. Additionally, the Commission had to consider whether the agreement provided for adequate employee representation and consultation mechanisms.

In delivering its decision, the Commission examined the evidence and submissions from both parties. The employer provided documentation and witness testimonies to demonstrate the negotiation process and the agreement's compliance with the legislative requirements. The Commission found that the agreement was genuinely negotiated and contained all the mandatory terms. It also concluded that the process of making the agreement was procedurally fair and that it provided for adequate employee representation and consultation. Consequently, the Commission approved the Axiom Rail Enterprise Agreement 2016, allowing it to be registered and enforceable as a binding enterprise agreement.

Axiom Rail Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established