Central Queensland Services Pty Ltd

[2019] FWCA 5747

[2019] FWCA 5747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Queensland Services Pty Ltd
(AG2019/39)

BMA RAIL ENTERPRISE AGREEMENT 2018

Rail industry; Coal industry
DEPUTY PRESIDENT LAKE	BRISBANE, 19 AUGUST 2019

Application for approval of the BMA Rail Enterprise Agreement 2018

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the BMA Rail Enterprise Agreement 2018 (the Agreement). It has been made by Central Queensland Services Pty Ltd (the Applicant). It is a single enterprise agreement.

[2] On 18 July 2019 I issued a decision in relation to the Construction, Forestry, Maritime, Mining and Energy Union’s (CFMMEU) and/or Mr Stephen Smyth’s (a CFMMEU official) capacity to be bargaining representatives with respect to the Agreement (see [2019] FWC 5003). For the reasons given in that decision, I held that the CFMMEU and/or Mr Stephen Smyth did have the capacity to be bargaining representatives in the Agreement.

[3] I also, in that decision, exercised my discretion under section 590 of the Act to allow the CFMMEU and/or Mr Stephen Smyth be heard in relation to the application for the approval of the Agreement.

[4] The CFMMEU and/or Mr Stephen Smyth submitted one issue with respect to whether or not the Agreement was capable for approval, submitting that the Agreement did not pass the better off overall test (BOOT) as set out at section 193 of the Act.

[5] In response to the CFMMEU and/or Mr Stephen Smyth’s submissions and to satisfy the Commission’s concerns in relation to the BOOT issue, the Applicant provided a written undertaking which is annexed to the Agreement (see Annexure A). I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement.

[6] Subject to the undertaking referred to above, I am satisfied that each of the requirements in sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Rail Tram and Bus Union, the Australian Federated Union of Locomotive Employees and the CFMMEU and/or Mr Stephen Smyth, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover them and that they support the Agreement being approved. In accordance with s.201(2) of the Act I note that the Agreement covers these/this organisations and/or individual.

[8] The Agreement is approved and, in accordance s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 26 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A