Central Queensland Services Pty Ltd

[2013] FWCA 3869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Queensland Services Pty Ltd
(AG2013/6873)

BMA RAIL GREENFIELDS AGREEMENT 2013

Rail industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 18 JUNE 2013

Application for approval of the BMA Rail Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BMA Rail Greenfields Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Central Queensland Services Pty Ltd, and The Australian Rail, Tram and Bus Industry Union.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] An undertaking concerning clause 5(a)(i)(A) has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 June 2013. The nominal expiry date of the Agreement is 17 June 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Central Queensland Services Pty Ltd, the applicant sought approval from the Fair Work Commission for the BMA Rail Greenfields Agreement 2013. The applicant, an employer within the rail freight services industry, aimed to have the agreement recognised as a registered bargaining agreement under the Fair Work Act 2009. The dispute arose as the applicant believed the agreement met all necessary criteria for registration, while certain employees' representatives contested its validity.

The central legal issues before the Commission were whether the agreement was genuinely made by the parties, whether it provided for the determination of terms and conditions of employment, and whether it was procedurally fair. The Commission had to determine if the agreement was a genuine product of negotiations between the parties, if it contained all necessary terms and conditions, and whether it had been approved through a fair process.

The Commission found that the agreement was genuinely negotiated between the parties and contained all necessary terms and conditions. It was satisfied that the process of negotiation and approval was fair, as the applicant had provided evidence of the steps taken to ensure employee participation and consultation. Consequently, the Commission approved the registration of the BMA Rail Greenfields Agreement 2013 as a registered bargaining agreement. The decision was made on the basis that the applicant had demonstrated that the agreement met all legislative requirements for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established