BN Rail Maintenance Pty Ltd

[2013] FWCA 5345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BN Rail Maintenance Pty Ltd
(AG2013/7743)

BN RAIL MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 AUGUST 2013

Application for approval of the BN Rail Maintenance Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BN Rail Maintenance Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by BN Rail Maintenance Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 6 and 10 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 9 August 2013. The nominal expiry date of the Agreement is 8 August 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

BN Rail Maintenance Pty Ltd recently faced a case in the Fair Work Commission regarding the approval of the BN Rail Maintenance Pty Ltd Enterprise Agreement 2013. The applicant, BN Rail Maintenance Pty Ltd, sought approval of the enterprise agreement from the Commission. The dispute arose as the agreement had been negotiated between the company and the Rail, Tram and Bus Industry Union. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was a genuine bargain between the parties, if it contained the required minimum terms and conditions, and if it adhered to procedural fairness. The Commission also had to ensure that the agreement was not contrary to public policy or did not undermine the protections provided by the Fair Work Act.

In assessing the agreement, the Commission examined the negotiation process, the content of the agreement, and its compliance with the relevant legislative requirements. The Commission found that the agreement was a genuine bargain and met all the necessary criteria for approval. The agreement provided for the appropriate minimum terms and conditions and did not contravene any public policy or undermine the protections provided by the Fair Work Act. Consequently, the Commission approved the BN Rail Maintenance Pty Ltd Enterprise Agreement 2013.

The Fair Work Commission's decision was to approve the BN Rail Maintenance Pty Ltd Enterprise Agreement 2013, confirming its compliance with the Fair Work Act 2009. The agreement was deemed a genuine bargain, contained the required minimum terms and conditions, and adhered to procedural fairness. No public policy issues or protections under the Fair Work Act were undermined by the agreement. The Commission's approval paves the way for the agreement to be implemented between the company and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established