DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coleman Rail Pty Ltd
(AG2017/2376)

COLEMAN RAIL PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER GREGORY	MELBOURNE, 3 JULY 2017

Application for approval of the Coleman Rail Pty Ltd Western Australia Enterprise Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Coleman Rail Pty Ltd Western Australia Enterprise Agreement 2017 (Agreement). The application was made by Coleman Rail Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Australian Rail, Tram and Bus Industry Union (ARTBIU), are 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Australian Rail, Tram and Bus Industry Union (ARTBIU) and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 3 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Coleman Rail Pty Ltd Western Australia Enterprise Agreement 2017. The applicant, Coleman Rail Pty Ltd, sought to have the agreement registered with the Fair Work Commission, while the respondents, represented by the Rail, Tram and Bus Union, contested the application on various grounds. The central issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission examined whether the agreement was made in accordance with the procedures prescribed by the Act and whether it contained the minimum terms and conditions as mandated by law. The respondents argued that the agreement did not meet the statutory requirements as it failed to provide adequate provisions for employee entitlements and leave. The applicant contended that the agreement was fairly and properly made and that it complied with all legal requirements.

In delivering its decision, the Commission found that the agreement did not adequately address certain employee entitlements and leave provisions, which were critical to the statutory requirements. The Commission noted that the agreement did not provide for specific entitlements such as paid parental leave and long service leave, which are considered minimum entitlements under the Fair Work Act. Consequently, the Commission rejected the application for approval, holding that the agreement did not meet the statutory requirements for registration.

As a result of the decision, the Fair Work Commission did not register the Coleman Rail Pty Ltd Western Australia Enterprise Agreement 2017. The applicant was directed to make the necessary amendments to the agreement to ensure compliance with the statutory requirements and to resubmit the agreement for approval. The respondents were also directed to provide feedback on the revised agreement before the Commission would consider re-registering it.

Coleman Rail Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established