Great Southern Rail Limited t/a Great Southern Rail

[2016] FWCA 6829

[2016] FWCA 6829

FAIR WORK COMMISSION

DECISION

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

Great Southern Rail Limited t/a Great Southern Rail
(AG2016/5626)

GREAT SOUTHERN RAIL ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 23 SEPTEMBER 2016

Application for approval of the Great Southern Rail Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Great Southern Rail Pty Ltd t/a Great Southern Rail (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Great Southern Rail Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with the Australian Rail, Tram and Bus Industry Union (the ‘Union’) and three Employee Bargaining Representatives. The Agreement is to cover 270 employees, who are employed by the applicant to perform on-train hospitality and terminal based operations such as housekeeping, train cleaning and stores. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 25 August 2015 and voting for the Agreement’s approval took place between 23 August and 2 September 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 205 of the 236 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 September 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr C Tallent, CEO identified the Hospitality Industry (General) Award 2010 [MA000009] and the Serco On-Train Hospitality Services Award [AT797846] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Tallentsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including the method by which overtime operates at certain times as well as certain aspects of the hours of work provisions. However the Agreement provides for higher rates of pay, increased penalty rates and enhanced redundancy pay when compared with the reference instruments. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 51 respectively, and a disputes resolution procedure at clause 52 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 22 September 2016, Mr C Ridings of AMA Consulting Pty Ltdappeared for the applicant with Mr P Garden, HR Manager of the applicant and Ms Brown appeared for the Union. Mr Ridings outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Rates of pay are to be increased by 4.5% on the date of commencement of the Agreement, with further increases of 3% on the first and second anniversaries of this date. Ms Brown supported the submissions of Mr Ridings. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Great Southern Rail Enterprise Agreement 2016.Pursuant to s 54 of the Act, the Agreement shall operate from 29 September 2016 and have a nominal expiry date of 29 September 2019.

DEPUTY PRESIDENT

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