Central Queensland Services Pty Ltd
[2024] FWCA 3889
•7 NOVEMBER 2024
| [2024] FWCA 3889 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Central Queensland Services Pty Ltd
(AG2024/3906)
BMA RAIL ENTERPRISE AGREEMENT 2024
| Coal industry | |
| COMMISSIONER HUNT | BRISBANE, 7 NOVEMBER 2024 |
Application for approval of the BMA Rail Enterprise Agreement 2024
Central Queensland Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the BMA Rail Enterprise Agreement 2024. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 24 March 2023 and the Agreement was made on 23 September 2024. Accordingly, the genuine agreement requirements are those applying before 6 June 2023 and the better off overall test requirements are those applying on and after 6 June 2023.
The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Mining and Energy Union (MEU), Australian Federated Union of Locomotive Employees (AFULE), Australian Rail, Tram and Bus Industry Union (RTBU), and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.
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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
The AFULE brought concerns to the Commission regarding the clarity of references to the law throughout the Agreement. I informed the parties my preliminary view was that these concerns did not prevent approval of the Agreement. When given the opportunity, the AFULE did not provide submissions as to why these concerns would prevent the Agreement from being approved. Accordingly, I am satisfied that these concerns do not prevent me from approving the Agreement.
I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The MEU, AFULE and RTBU, being bargaining representatives for the Agreement, have given notice under s.183 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the MEU, AFULE and RTBU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2024. The nominal expiry date of the Agreement is 1 March 2028.
COMMISSIONER
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Annexure A – Undertakings
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