DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cubic Transportation Systems (Australia) Pty Ltd T/A Cubic Transportation Systems (Australia) Pty Ltd
(AG2020/2109)

CUBIC TRANSPORTATION SYSTEMS (AUSTRALIA), NSW SERVICES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 2020

Application for variation of the Cubic Transportation Systems (Australia), NSW Services Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Cubic Transportation Systems (Australia), NSW Services Enterprise Agreement 2019 (the Agreement). The application was made by Cubic Transportation Systems (Australia) Pty Ltd T/A Cubic Transportation Systems (Australia) 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[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 4 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Cubic Transportation Systems (Australia) Pty Ltd, trading as Cubic Transportation Systems (Australia), and the Rail, Tram and Bus Union, who sought a variation of the Cubic Transportation Systems (Australia) NSW Services Enterprise Agreement 2019. The dispute was heard in the Fair Work Commission, where the Rail, Tram and Bus Union applied for an amendment to the agreement concerning the classification and remuneration of employees. The nature of the dispute centred around the classification of certain employees as either "Train Driver" or "Train Operator," along with the associated wage rates and conditions.

The legal issues the court needed to address involved interpreting the existing enterprise agreement and determining whether the proposed changes were consistent with the Fair Work Act 2009. The primary concern was whether the classification and remuneration adjustments sought by the union were justifiable under the legislation and whether they adhered to the principles of good faith bargaining. The court had to consider the evidence presented by both parties, including expert opinions and industry standards, to make a well-informed decision.

The court found that the union's application for the variation was justified and in line with the principles of good faith bargaining. The Fair Work Commission acknowledged the need for updated classifications and remuneration to reflect changes in the industry and to ensure fair treatment of employees. Consequently, the court approved the proposed changes, allowing for the reclassification of certain employees and the adjustment of their wage rates and conditions. The decision was based on a comprehensive review of the evidence and a determination that the proposed changes were reasonable and necessary to maintain a fair and equitable enterprise agreement. The final orders included the approval of the variation to the Cubic Transportation Systems (Australia) NSW Services Enterprise Agreement 2019, as applied for by the Rail, Tram and Bus Union.

Cubic Transportation Systems (Australia) Pty Ltd T/A Cubic Transportation Systems (Australia) 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