Holdco Holdings Pty Ltd T/A Southern Shorthaul Railroad

[2013] FWCA 280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holdco Holdings Pty Ltd T/A Southern Shorthaul Railroad
(AG2013/4249)

SOUTHERN SHORTHAUL RAILROAD ENTERPRISE AGREEMENT 2012

Rail industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 16 JANUARY 2013

Application for approval of the Southern Shorthaul Railroad Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Southern Shorthaul Railroad Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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. An undertaking concerning clauses 29 and 42 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 23 January 2013. The nominal expiry date of the Agreement is 1 October 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Holdco Holdings Pty Ltd, trading as Southern Shorthaul Railroad, sought approval for the Southern Shorthaul Railroad Enterprise Agreement 2012. The application came before Commissioner Smith, who was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary concern was whether the agreement adequately covered the necessary terms and conditions of employment, including wages, hours of work, and other relevant matters, and whether it had been made in accordance with the procedural fairness standards set out in the Act.

The court had to consider several legal issues, including whether the agreement was made genuinely for the purpose of regulating the relationships between the employer and the employees, and whether it had been made without coercion. Another key issue was whether the agreement provided for proper mechanisms for the resolution of disputes and the protection of employees' rights. The court also examined whether the agreement had been appropriately negotiated and whether it contained all the necessary terms as required by the Fair Work Act.

Commissioner Smith concluded that the agreement was made genuinely for the purpose of regulating the employment relationships, without coercion, and in accordance with procedural fairness. The agreement was found to adequately cover the required terms and conditions of employment and provided appropriate mechanisms for dispute resolution and the protection of employees' rights. The Commissioner noted that the agreement had been negotiated with proper consultation and contained all necessary terms. Consequently, the application for approval of the agreement was granted.

As a result of the decision, the Southern Shorthaul Railroad Enterprise Agreement 2012 was approved, allowing it to be registered and enforced as a binding enterprise agreement under the Fair Work Act. This decision ensures that the terms and conditions of employment for the employees of Holdco Holdings Pty Ltd, trading as Southern Shorthaul Railroad, are governed by the approved agreement, providing a stable and regulated workplace environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established