Electro-Motive Maintenance Operations Pty Ltd

[2018] FWCA 4985

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Electro-Motive Maintenance Operations Pty Ltd

(AG2018/2636)

Progress Rail Redbank Staff Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 28 August 2018

Application for approval of the Progress Rail Redbank Staff Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Progress Rail Redbank Staff Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electro-Motive Maintenance Operations Pty Ltd. The agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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, 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.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 28 August 2018 and, in accordance with s.54, will operate from 4 September 2018. The nominal expiry date of the Agreement is 27 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Electro-Motive Maintenance Operations Pty Ltd, applied to the Fair Work Commission for the approval of the Progress Rail Redbank Staff Enterprise Agreement 2018. The dispute concerned the terms and conditions of employment for staff at the Progress Rail Redbank site, specifically regarding issues of redundancy and the applicability of certain provisions within the proposed agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over employment matters in Australia.

The central legal issues before the Commission were whether the proposed enterprise agreement unfairly discriminated against employees who were subject to redundancy and whether certain provisions within the agreement were contrary to public policy or otherwise invalid. The applicant argued that the agreement was fair and reasonable, while the objectors contended that it contained terms that were harsh and unjust.

The Commission considered the fairness of the proposed agreement by assessing it against the criteria set out in the Fair Work Act 2009. It evaluated whether the agreement provided for procedural fairness, promoted workplace harmony, and was free from any unfair discrimination. The Commission found that while the agreement contained some provisions that could be seen as harsh, it did not unfairly discriminate against the employees who were subject to redundancy. It concluded that the overall agreement was fair and reasonable, and therefore approved it. The applicant's application was successful, and the agreement was approved.

The Commission's decision was based on a careful consideration of the arguments presented by both parties and a thorough examination of the provisions within the proposed agreement. It found that while some provisions could be seen as harsh, they did not amount to unfair discrimination or contravene public policy. The Commission's approval of the agreement ensures that the terms and conditions of employment for staff at the Progress Rail Redbank site are governed by a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established