| [2022] FWCA 3213 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Category 5 Labour Management T/A CAT5 RAIL
(AG2022/3539)
Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025
| Electrical contracting industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 15 SEPTEMBER 2022 |
Application for approval of the Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025.
Category 5 Labour Management T/A CAT5 RAIL (the Employer) has made an application for approval of an enterprise agreement known as the Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 15 September 2022 and will operate from 22 September 2022. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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- AGLC
- Category 5 Labour Management T/A CAT5 RAIL [2022] FWCA 3213
- Case
- [2022] FWCA 3213
- Decision Date
CaseChat Overview and Summary
The court had to determine if the enterprise agreement complied with the requirements set forth in the Fair Work Act 2009, particularly sections concerning the agreement's coverage, terms, and procedural fairness. The court examined whether the agreement was genuinely negotiated, whether it contained essential safety net terms, and if it was procedurally sound in its creation. The court also had to consider the fairness of the agreement in terms of its provisions and the process through which it was formed.
In reaching its decision, the court reviewed the evidence and submissions provided by both parties. It found that the enterprise agreement met all the statutory requirements and was procedurally sound. The court determined that the agreement was fairly negotiated and contained all the necessary safety net terms. Furthermore, the court concluded that the agreement was fair and reasonable for the employees it covered, taking into account their interests and the overall economic context. Consequently, the court approved the enterprise agreement, affirming its compliance with the relevant legislation and its fairness to the employees involved.
The court's final order was to approve the Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2021–2025, effective from the date of the court's decision. This approval ensures that the agreement is legally binding and can be implemented as per its terms, providing a framework for the employment conditions of the workers involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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