DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Category 5 Labour Management (VSA) Pty Ltd T/A Cat 5 Rail
(AG2018/3666)

CATEGORY 5 AND ETU VICTORIAN RAIL INFRASTRUCTURE ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Category 5 Labour Management (VSA) Pty Ltd T/A Cat 5 Rail. The agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Category 5 Labour Management (VSA) Pty Ltd trading as Cat 5 Rail, applied to the Fair Work Commission for approval of the Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2018 - 2021. The application was made under section 236 of the Fair Work Act 2009, seeking to have the agreement registered as a single-employer enterprise agreement. The applicant argued that the agreement was made in good faith and met the requirements of the Act.

The legal issues before the Commission were whether the agreement was made in good faith, and whether it complied with the procedural and substantive requirements of the Fair Work Act 2009. The applicant argued that it had engaged in genuine negotiations with the union and that the agreement reflected the terms and conditions of employment for the relevant employees. The union, on the other hand, argued that the agreement did not adequately reflect the interests of the employees and that it had not been made in good faith.

The Commission found that the applicant had engaged in genuine negotiations with the union and that the agreement reflected the terms and conditions of employment for the relevant employees. The Commission also found that the agreement met the requirements of the Fair Work Act 2009 and was therefore approved as a single-employer enterprise agreement. The Commission noted that the agreement provided for a range of benefits for employees, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement provided for a process for future negotiations between the parties.

The final orders made by the Commission were that the Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2018 - 2021 be approved as a single-employer enterprise agreement. The agreement was registered on the Commonwealth Register of Industrial Agreements on 12 November 2018.

Category 5 Labour Management (VSA) Pty Ltd T/A Cat 5 Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established