DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Great Southern Rail Limited
(AG2015/2422)

GREAT SOUTHERN RAIL TRAIN TECHNICIANS EMPLOYMENT AGREEMENT 2015

Rail industry
COMMISSIONER CARGILL	SYDNEY, 21 APRIL 2015

Application for approval of the Great Southern Rail Train Technicians Employment Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Great Southern Rail Train Technicians Employment Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Great Southern Rail Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - SA Branch Electrical and Plumbing Division 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 April 2015. The nominal expiry date is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Great Southern Rail Limited, sought approval for the Great Southern Rail Train Technicians Employment Agreement 2015. The respondents, comprising various unions and employee representatives, opposed the application, arguing that the agreement did not comply with certain provisions of the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed employment agreement met the statutory requirements under the Fair Work Act, particularly concerning the process for its negotiation, the content of its terms, and its alignment with the principles of procedural fairness and good faith bargaining. The Commission had to determine if the agreement was genuinely negotiated and if it was in the best interest of the employees.

The Commission meticulously reviewed the negotiation process and the terms of the agreement. It found that the applicant had not fully complied with the negotiation requirements and that the proposed agreement contained terms that were potentially detrimental to the employees. The Commission also noted procedural shortcomings in how the agreement was presented and negotiated. Consequently, the application for approval was dismissed. The Commission's decision was grounded on the need to ensure that employment agreements are negotiated in a fair and transparent manner, protecting the interests of both employers and employees.

The Commission ordered that the application for approval of the Great Southern Rail Train Technicians Employment Agreement 2015 be dismissed and directed the parties to further negotiate a revised agreement that meets the legal requirements and principles of good faith bargaining.

Great Southern Rail Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established