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

[2023] FWCA 573

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

(AG2023/305)

Active Railway Signalling Pty. Ltd. and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025

Rail industry
COMMISSIONER YILMAZ	MELBOURNE, 22 FEBRUARY 2023

Application for approval of the Active Railway Signalling Pty. Ltd. and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025

An application has been made for approval of an enterprise agreement known as the Active Railway Signalling Pty. Ltd. 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). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Electrical Trades Union 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 is approved and in accordance with s.54, will operate from 1 March 2023. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Active Railway Signalling Pty. Ltd. and ETU Victorian Rail Infrastructure Enterprise Agreement 2021–2025. The applicants, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including whether it provided for the fair and equitable treatment of employees.

The court examined the provisions of the Fair Work Act 2009 and considered the arguments presented by both parties. The legal issues included whether the agreement contained mandatory terms, whether it was certified as a single interest employer bargaining agreement, and whether it met the requirements for approval as a modern award. The court also assessed whether the agreement provided adequate protections for employees, including provisions for minimum rates of pay, penalty rates, and leave entitlements.

After careful consideration of the arguments and the provisions of the agreement, the court found that the agreement met the statutory requirements for approval. The agreement was certified as a single interest employer bargaining agreement and provided for the fair and equitable treatment of employees. The court was satisfied that the agreement provided adequate protections for employees and met the requirements for approval as a modern award. Accordingly, the court approved the Active Railway Signalling Pty. Ltd. and ETU Victorian Rail Infrastructure Enterprise Agreement 2021–2025.

The court ordered that the agreement be approved as a modern award and certified as a single interest employer bargaining agreement. The agreement will now be registered with the Fair Work Commission and will apply to the employees of Active Railway Signalling Pty. Ltd. from the commencement date specified in the agreement. The decision of the court is final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established