Coleman Rail Pty Ltd T/A Coleman Rail

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coleman Rail Pty Ltd, trading as Coleman Rail, applied for approval of the Coleman Rail Pty Ltd Victorian Rail Agreement 2021-2024. The application was heard in the Fair Work Commission (FWC), which has the authority to approve such agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval, including ensuring that the terms were fair and reasonable, and did not contravene any provisions of the Fair Work Act.

The key legal issues the FWC addressed were whether the agreement provided adequate protection for employees' rights, whether it complied with the statutory minimum entitlements and conditions, and whether it allowed for fair and effective representation of employees. Additionally, the FWC examined whether the agreement included appropriate dispute resolution mechanisms and if it was genuinely negotiated between the parties. The FWC also had to consider if the agreement met the test for "no disadvantage" as required by the Fair Work Act.

In its decision, the FWC found that the agreement contained provisions that were fair and reasonable and did not disadvantage employees. The FWC was satisfied that the agreement included adequate mechanisms for dispute resolution and representation, and that it provided for minimum entitlements and conditions as required by law. The Commission concluded that the agreement was genuinely negotiated and met all statutory requirements for approval. Consequently, the FWC approved the Coleman Rail Pty Ltd Victorian Rail Agreement 2021-2024, allowing it to come into effect as per the terms set out in the agreement.

The FWC's approval of the agreement means that Coleman Rail Pty Ltd can implement the terms of the agreement, which will govern the employment conditions of its employees in Victoria for the specified period. The decision reinforces the importance of ensuring that enterprise agreements are fair, comply with legal standards, and provide adequate protections for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established