DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coleman Rail Pty Ltd
(AG2016/1314)

COLEMAN RAIL PTY LTD VICTORIAN TRACKWORK ENTERPRISE AGREEMENT 2016 - 2019

Rail industry
COMMISSIONER LEE	MELBOURNE, 29 JULY 2016

Application for approval of the Coleman Rail Pty Ltd Victorian Trackwork Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Coleman Rail Pty Ltd Victorian Trackwork Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coleman Rail Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Australian Rail, Tram and Bus Industry Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coleman Rail Pty Ltd applied to the Fair Work Commission for approval of the Coleman Rail Pty Ltd Victorian Trackwork Enterprise Agreement 2016-2019. The applicants were the employer and the union. The dispute arose from the negotiation of a new enterprise agreement, which required approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act, including the "better off overall test" and whether it was fairly and properly negotiated. The court had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was negotiated in good faith.

The Fair Work Commission found that the agreement met the "better off overall test" and was fairly and properly negotiated. The court was satisfied that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave, and dispute resolution. The court also found that the agreement was negotiated in good faith, with both parties demonstrating a willingness to compromise and reach an agreement that was acceptable to both.

The application for approval was ultimately successful, and the Coleman Rail Pty Ltd Victorian Trackwork Enterprise Agreement 2016-2019 was approved by the Fair Work Commission. The agreement provides for the terms and conditions of employment for employees of Coleman Rail Pty Ltd, and is intended to promote harmonious, productive and cooperative workplace relations.

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