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

[2023] FWC 1367

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

(AG2023/1544)

SKILLED RAIL SERVICES PTY LTD AND ETU RAIL OVERHEAD SAFETY OBSERVER ENTERPRISE AGREEMENT 2021-2025

Rail industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 14 JUNE 2023

Application for approval of the Skilled Rail Services Pty Ltd and ETU Rail Overhead Safety Observer Enterprise Agreement 2021 – 2025

An application has been made for approval of an enterprise agreement known as the Skilled Rail Services Pty Ltd And ETU Rail Overhead Safety Observer 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant). The Agreement is a greenfields enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act. 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 case before the court involved an application for approval of the Skilled Rail Services Pty Ltd and ETU Rail Overhead Safety Observer Enterprise Agreement 2021 – 2025. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The primary legal issue before the court was whether the agreement met the requirements for approval under section 234 of the Fair Work Act, including whether the agreement contained the minimum terms and conditions required by the Act and whether it was made in good faith and without the use of threats, coercion or undue influence.

The court found that the agreement met all the requirements for approval under section 234 of the Fair Work Act. The court noted that the agreement contained all the minimum terms and conditions required by the Act, including provisions relating to wages, hours of work and other conditions of employment. The court also found that the agreement was made in good faith and without the use of threats, coercion or undue influence, and that the union and employer had engaged in genuine bargaining in the making of the agreement.

The court approved the Skilled Rail Services Pty Ltd and ETU Rail Overhead Safety Observer Enterprise Agreement 2021 – 2025 as a registered agreement under the Fair Work Act. The agreement will now be registered with the Fair Work Commission, which will monitor compliance with the agreement by both the union and employer. The court noted that the agreement provided for a fair and reasonable outcome for both parties and would provide stability and certainty in the workplace. The court also noted that the agreement provided for a range of protections for employees, including provisions relating to wages, leave and other conditions of employment.

The final orders of the court were that the Skilled Rail Services Pty Ltd and ETU Rail Overhead Safety Observer Enterprise Agreement 2021 – 2025 be approved as a registered agreement under section 235 of the Fair Work Act, and that the agreement be registered with the Fair Work Commission. The court also ordered that the costs of the application be paid by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established