Brookfield Rail Employment Pty Ltd Summary

[2016] FWCA 433

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brookfield Rail Employment Pty Ltd t/a Brookfield Rail Pty Ltd

(AG2015/7844)

BROOKFIELD RAIL ENTERPRISE AGREEMENT 2016

Rail industry

COMMISSIONER LEE

MELBOURNE, 21 JANUARY 2016

Application for approval of the Brookfield Rail Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Brookfield 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 Brookfield Rail

Employment Pty Ltd t/a Brookfield 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Rail Tram and Bus Industry Union and Communications, Electrical,

Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

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) I note that the

Agreement covers these organisations.
[2016] FWCA 433

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

28 January 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Brookfield Rail Employment Pty Ltd t/a Brookfield Rail Pty Ltd for the approval of an enterprise agreement, the Brookfield Rail Enterprise Agreement 2016. The application was made under section 185 of the Fair Work Act 2009, seeking to establish the terms and conditions of employment for the rail industry. The Agreement in question was a single enterprise agreement that aimed to cover the employees within the specified industry.

The legal issues that the Commission was required to decide upon included whether the Agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act. The Commissioner also had to consider whether the Agreement was subject to the model consultation term as prescribed by the Fair Work Regulations 2009 and whether it was properly covered by the bargaining representatives, the Australian Rail Tram and Bus Industry Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

After reviewing the application and the Agreement, the Commissioner was satisfied that all relevant requirements had been met. The Commissioner noted that the Agreement included the model consultation term as a prescribed term and that the bargaining representatives had given notice under section 183 of the Fair Work Act that they wanted the Agreement to cover them. The Commissioner approved the Agreement and determined that it would operate from 28 January 2016, with a nominal expiry date of 31 December 2017.

Brookfield Rail Employment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established