Canberra Metro Operations Pty Ltd Summary

[2023] FWCA 563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Canberra Metro Operations Pty Ltd

(AG2023/39)

Application for approval of the Canberra Metro Operations Enterprise Agreement 2022-2025

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 FEBRUARY 2023

Application for approval of the Canberra Metro Operations Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the Canberra Metro Operations Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Metro Operations Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Australian Rail, Tram and Bus Industry Union and the 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 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

The matter before the Fair Work Commission involved an application by Canberra Metro Operations Pty Ltd for approval of the Canberra Metro Operations Enterprise Agreement 2022-2025. The dispute arose in the context of the enterprise agreement proposed between the company and its employees, necessitating scrutiny to ensure compliance with the relevant industrial laws and fairness to all parties involved. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with assessing the application and making a determination.

The legal issues the Commission had to address included whether the agreement met the procedural requirements for approval, if the agreement contained all the necessary provisions, and whether it complied with the "better off overall test" (BOOT) under the Act. The Commission also had to ensure that the agreement did not unfairly disadvantage any employee or group of employees, and that it was made in good faith.

In reaching its decision, the Commission examined the submissions from both parties, the contents of the proposed agreement, and relevant industrial jurisprudence. It concluded that the agreement was made in good faith and that it satisfied the procedural requirements. Furthermore, the Commission found that the agreement was likely to be better off overall for the employees, considering factors such as wages, working conditions, and other entitlements. Based on this, the Commission approved the enterprise agreement, confirming that it met all legal standards and would be binding on the parties.

The Fair Work Commission ordered the approval of the Canberra Metro Operations Enterprise Agreement 2022-2025, effective from the date of the decision. The agreement would now govern the employment conditions of the employees for the specified period, ensuring a legally compliant and fair framework for the workplace.

Canberra Metro Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established