BC Rail Pty Ltd

[2024] FWCA 2420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BC Rail Pty Ltd

(AG2024/2250)

BC RAIL AND RTBU VICTORIA SAFEWORKING ENTERPRISE AGREEMENT 2024

Rail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2024

Application for approval of the BC Rail and RTBU Victoria Safeworking Enterprise Agreement 2024

BC Rail Pty Ltd has made an application for approval of an enterprise agreement known as the BC Rail and RTBU Victoria Safeworking Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Rail, Tram and Bus Industry Union (RTBU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the RTBU.

The Agreement was approved on 28 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved BC Rail Pty Ltd and the Rail, Tram and Bus Union Victoria, concerning an application for the approval of the BC Rail and RTBU Victoria Safeworking Enterprise Agreement 2024. The application was brought before the Fair Work Commission, which is responsible for regulating enterprise agreements in Australia. The union and the employer sought the Commission's approval of the agreement, which was intended to govern the terms and conditions of employment for certain employees.

The primary legal issue the Commission needed to address was whether the agreement met all the statutory requirements for approval under the Fair Work Act 2009. This involved examining various provisions of the agreement to ensure they complied with the Act and did not contravene any provisions of the Code of Conduct for the Approval of Enterprise Agreements. The Commission also considered whether the agreement had been fairly negotiated and whether it met the good faith bargaining requirement.

The Fair Work Commission found that the BC Rail and RTBU Victoria Safeworking Enterprise Agreement 2024 met all statutory requirements for approval. The Commission determined that the agreement had been fairly negotiated and that it complied with the relevant provisions of the Fair Work Act 2009 and the Code of Conduct for the Approval of Enterprise Agreements. The Commission noted that the agreement contained provisions that addressed key employment issues, including wages, hours of work, leave entitlements, and other terms and conditions of employment. The Commission was satisfied that the agreement was in the best interests of the employees and that it met the good faith bargaining requirement.

The Fair Work Commission approved the BC Rail and RTBU Victoria Safeworking Enterprise Agreement 2024, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the relevant employees, providing a framework for the employer and the union to manage workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established