Coleman Rail Pty Ltd T/A Coleman Rail

[2021] FWCA 5838

[2021] FWCA 5838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coleman Rail Pty Ltd T/A Coleman Rail
(AG2021/7043)

COLEMAN RAIL PTY LTD VICTORIAN RAIL AGREEMENT 2021-2024

Rail industry
COMMISSIONER MCKINNON	MELBOURNE, 15 SEPTEMBER 2021

Application for approval of the Coleman Rail Pty Ltd Victorian Rail Agreement 2021-2024.

[1] Coleman Rail Pty Ltd has applied for approval of a single enterprise agreement known as the Coleman Rail Pty Ltd Victorian Rail Agreement 2021-2024 (the Agreement).

[2] For reasons related to the COVID-19 pandemic and associated government ‘lockdowns’, voting on the Agreement was delayed. When the vote was finally able to proceed, it occurred in circumstances where employees only had notice of the revised voting method two days before the vote took place. Ordinarily, approval of an enterprise agreement requires this information to have been given to employees by the start of the access period – that is, the period of seven days immediately before the start of the voting process.

[3] However, numerous steps were taken by Coleman Rail to arrange for, and notify employees about, a vote on the Agreement. This occurred in the context of ever-changing circumstances beyond its control. Coleman Rail made reasonable efforts to ensure the process was transparent, accessible and otherwise consistent with the Act. The result was a high level of participation in the vote. For these reasons, I am satisfied the error was a minor procedural error and one that was unlikely to have disadvantaged employees for the purposes of s.188(2) of the Fair Work Act 2009 (Cth).

[4] 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.

[5] The Agreement is approved and will operate from 22 September 2021. The nominal expiry date of the Agreement is 31 August 2024.

[6] The Agreement covers the Australian Rail, Tram and Bus Industry Union.

COMMISSIONER

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