Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2023] FWCA 613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2023/364)

Rail Power Solutions and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025

Rail industry
DEPUTY PRESIDENT BELL	MELBOURNE, 24 FEBRUARY 2023

Application for approval of the Rail Power Solutions and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025.

An application has been made for approval of an enterprise agreement known as the Rail Power Solutions and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The CEPU, 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.

The Agreement was approved on 24 February 2023 and, in accordance with s.54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Rail Power Solutions and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025. The dispute centred around whether the terms of the agreement met the legal standards for approval under the Fair Work Act 2009. The parties to the agreement were the Rail Power Solutions, an employer in the rail industry, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, representing the employees.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms for the employees, including pay rates, working conditions, and dispute resolution mechanisms. The Commission also had to determine if the agreement complied with the provisions of the Fair Work Act, particularly concerning minimum entitlements and the requirement for good faith bargaining. The fairness of the agreement's terms and the process by which it was negotiated were pivotal to the decision.

The Commission examined the evidence provided by both parties, including the bargaining process and the content of the agreement. The Court found that the agreement contained terms that were fair and reasonable, reflecting the economic and operational context of the rail industry. It also concluded that the process of negotiation was conducted in good faith and that the agreement did not unfairly disadvantage any party. Consequently, the Fair Work Commission approved the Rail Power Solutions and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025.

The final orders of the Commission included the approval of the agreement as a registered enterprise agreement, effective from the date of the decision. This approval ensured that the terms of the agreement would govern the employment conditions of the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established