Electro-Motive Maintenance Operations Pty Ltd

[2018] FWCA 338

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Electro-Motive Maintenance Operations Pty Ltd

(AG2017/5617)

Electro-Motive Maintenance Operations Pty Ltd Track Agreement 2017 - 2020

Manufacturing and associated industries
Commissioner Lee	MELBOURNE, 17 JANUARY 2018

Application for approval of the Electro-Motive Maintenance Operations Pty Ltd Track Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Electro-Motive Maintenance Operations Pty Ltd Track Agreement 2017-2020 (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 Applicant 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, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Electro-Motive Maintenance Operations Pty Ltd recently sought approval from the Fair Work Commission for the Electro-Motive Maintenance Operations Pty Ltd Track Agreement 2017-2020. The application arose from negotiations between the company and its employees represented by the Rail, Tram and Bus Industry Union. The crux of the dispute centred around the terms and conditions of employment, remuneration, and various workplace practices to be covered under the proposed agreement.

The primary legal issues before the Commission involved ensuring that the proposed agreement met the requirements under the Fair Work Act 2009. This included verifying that the agreement did not adversely affect employees’ rights and protections, particularly in terms of minimum wage rates, leave entitlements, and procedural fairness in the workplace. Additionally, the Commission had to determine whether the agreement provided a fair and reasonable framework for resolving disputes and maintaining harmonious industrial relations.

In its decision, the Fair Work Commission assessed the proposed agreement against statutory criteria and existing industrial instruments. The Commission concluded that the agreement was fair and reasonable, offering adequate protections and benefits to the employees while also being conducive to the operational needs of the company. The agreement was found to comply with the legislative framework and was thus approved. The Commission highlighted the importance of balancing the interests of both the employer and employees in reaching an equitable agreement.

The final orders of the Commission were to approve the Electro-Motive Maintenance Operations Pty Ltd Track Agreement 2017-2020, effective from the date of the decision. This approval ensured that the agreement would serve as a binding framework for the employment conditions of the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established