Hitachi Rail STS Australia Pty Ltd

[2022] FWCA 1350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hitachi Rail STS Australia Pty Ltd

(AG2022/882)

Hitachi Rail STS Australia Pty Ltd Enterprise Agreement 2022

Rail industry
COMMISSIONER SIMPSON	BRISBANE, 20 APRIL 2022

Application for the approval of Hitachi Rail STS Australia Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hitachi Rail STS Australia Pty Ltd Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hitachi Rail STS Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division (also known as Electrical Trades Union Division) (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hitachi Rail STS Australia Pty Ltd applied for the approval of the Enterprise Agreement 2022. The application was made pursuant to section 230 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers Union and a number of employees. The Federal Circuit Court was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act.

The primary legal issue before the Court was whether the Enterprise Agreement 2022 was a genuine agreement reached between the parties. The Court considered the definition of a genuine agreement in section 179 of the Fair Work Act and whether the agreement contained the necessary provisions to ensure it was made in good faith and was not the result of pressure or coercion. The Court also considered whether the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights.

The Court found that the Enterprise Agreement 2022 was a genuine agreement that met the requirements for approval. The Court noted that the agreement had been negotiated in good faith and contained provisions for the resolution of disputes and the protection of employees' rights. The Court also found that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights. The Court approved the agreement and made orders accordingly.

The Court's final orders included the approval of the Enterprise Agreement 2022 and the dismissal of the application with costs. The Court noted that the agreement would provide for improved working conditions and better outcomes for employees, and that it was in the best interests of the parties and the broader community. The Court also noted that the agreement was consistent with the principles of the Fair Work Act and would promote industrial peace and harmony.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established