| [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
<AE519309 PR751168>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2023] FWCA 613
- Case
- [2023] FWCA 613
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.