DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Coleman Rail Pty Ltd
(AG2017/4036)

COLEMAN RAIL PTY LTD VICTORIAN TRACKWORK ENTERPRISE AGREEMENT 2016 - 2019

Rail industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 SEPTEMBER 2017

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

[1] An application has been made for approval of a variation to the Coleman Rail Pty Ltd Victorian Trackwork Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Coleman Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 13 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Coleman Rail Pty Ltd applied for a variation of the Victorian Trackwork Enterprise Agreement 2016-2019. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed variation of the enterprise agreement was in the best interests of the employees and the employer, and whether the process leading to the variation was fair and appropriate. The application for variation sought to modify the agreement to address operational and financial challenges faced by Coleman Rail, including adjustments to work hours, rostering, and employee entitlements.

The Commission considered various submissions from both Coleman Rail and the relevant unions. It examined whether the proposed changes were necessary to maintain the business's viability and whether the employees' interests were adequately protected. The Commission also assessed the fairness of the process by which the variation was proposed, including the engagement with employee representatives and the provision of relevant information. Ultimately, the Commission determined that the proposed variation was in the best interests of the parties involved, as it balanced the needs of the employer with the protections of the employees.

In reaching its decision, the Commission found that the process leading to the variation was fair, and the proposed changes were reasonable and necessary. The Commission approved the variation, allowing for the amendments to the enterprise agreement to take effect. This decision was based on the evidence provided, which demonstrated that the changes were not detrimental to the employees and were essential for the continued operation of Coleman Rail. The Commission emphasised the importance of maintaining a fair and constructive relationship between the employer and employees, while also recognising the need for flexibility in business operations. The final orders included the approval of the proposed variations to the enterprise agreement, subject to certain conditions and safeguards for the employees.

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