Bendigo Rail Workshops Pty Ltd

[2023] FWCA 39

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bendigo Rail Workshops Pty Ltd

(AG2022/5397)

BENDIGO RAIL WORKSHOPS PTY LTD ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 JANUARY 2023

Application for approval of the Bendigo Rail Workshops Pty Ltd Enterprise Agreement 2022

Bendigo Rail Workshops Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Bendigo Rail Workshops Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 5 January 2023 and, in accordance with s 54, will operate from 12 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bendigo Rail Workshops Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The enterprise agreement sought to regulate the terms and conditions of employment for certain employees of the company. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made freely and voluntarily, without coercion or undue influence, and whether it provided for appropriate processes for resolving disputes between the parties. The Commission also considered whether the agreement met the requirements for approval under section 233 of the Fair Work Act, including whether it provided for appropriate protections for employees and did not undermine the safety and health of employees.

The Fair Work Commission found that the agreement had been made freely and voluntarily and provided for appropriate processes for resolving disputes. The Commission also found that the agreement met the requirements for approval under the Fair Work Act, including providing for appropriate protections for employees and not undermining their safety and health. The Commission approved the Bendigo Rail Workshops Pty Ltd Enterprise Agreement 2022, which will now regulate the terms and conditions of employment for the relevant employees.

The Commission made orders approving the enterprise agreement and setting out the effective date and duration of the agreement. The orders also provided for the agreement to be registered with the Fair Work Commission and for the agreement to be binding on the parties and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established