Bowen Rail Company Pty Ltd

[2021] FWCA 6594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bowen Rail Company Pty Ltd
(AG2021/8004)

BOWEN RAIL COMPANY ENTERPRISE AGREEMENT (NO.1) 2021

Rail industry
COMMISSIONER P RYAN	SYDNEY, 8 NOVEMBER 2021

Application for approval of the Bowen Rail Company Enterprise Agreement (No.1) 2021

[1] Bowen Rail Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Bowen Rail Company Enterprise Agreement (No.1) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Federated Union of Locomotive Employees (the AFULE) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AFULE.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2021. The nominal expiry date of the Agreement is 8 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bowen Rail Company Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for workers within the company. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was fairly negotiated and if it contained the necessary provisions for protecting employees' rights and entitlements. The Commission had to assess the fairness of the agreement in terms of its procedural validity, including the process by which it was negotiated, and its substantive fairness, focusing on the content of the agreement and its impact on the employees.

The Fair Work Commission concluded that the agreement was fairly negotiated and contained the necessary provisions to protect the employees' rights and entitlements. The Commission found that the negotiation process adhered to the requirements of the Fair Work Act, and the terms of the agreement were fair and reasonable. As such, the Commission approved the Bowen Rail Company Enterprise Agreement (No.1) 2021.

The final order of the Fair Work Commission was the approval of the enterprise agreement, which will now serve as the basis for employment conditions within the Bowen Rail Company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established