High Speed Rail Authority Summary

[2024] FWCA 1489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

High Speed Rail Authority

(AG2024/984)

HIGH SPEED RAIL AUTHORITY ENTERPRISE AGREEMENT 2024 - 2027

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2024

Application for approval of the High Speed Rail Authority Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the High Speed Rail Authority Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by High Speed Rail Authority. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 29 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission sought approval of the High Speed Rail Authority Enterprise Agreement 2024-2027. The dispute arose between the High Speed Rail Authority and the Rail Workers Union, representing employees of the Authority. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement met the requirements for "enterprise agreements" as defined by the Act, and whether it provided for appropriate terms and conditions of employment that were fair and reasonable.

The Commission carefully examined the proposed agreement, considering the provisions for wages, conditions of employment, dispute resolution mechanisms, and other relevant matters. It was crucial to ensure that the agreement did not adversely affect employees' rights and that it facilitated a productive working environment. The Commission also considered submissions from both parties and any relevant precedents. Ultimately, the Commission found that the agreement met the statutory criteria and provided for fair and reasonable terms and conditions of employment. The proposed agreement was deemed to be in the best interests of the employees and the employer.

The Fair Work Commission approved the High Speed Rail Authority Enterprise Agreement 2024-2027, finding it to be compliant with the requirements of the Fair Work Act 2009. The Commission's decision was based on a comprehensive review of the agreement's provisions and the submissions made by both parties. The approved agreement will now serve as the basis for the terms and conditions of employment for the relevant employees during the specified period. This decision ensures that the agreement facilitates a fair and productive working environment, in line with the statutory objectives of the Act.

High Speed Rail Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established