DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holdco Holdings Pty Ltd T/A Southern Shorthaul Railroad Pty Ltd
(AG2017/5678)

HOLDCO HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the Holdco Holdings Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Holdco Holdings Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holdco Holdings Pty Ltd T/A Southern Shorthaul Railroad Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Holdco Holdings Pty Ltd T/A Southern Shorthaul Railroad Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement. The application was brought by Holdco Holdings, who sought approval of the Enterprise Agreement 2017. The agreement in question sought to cover employees working in the rail industry, specifically those employed by Holdco Holdings. The dispute centred on the terms and conditions of employment as set out in the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement did not adversely affect employees, provided for proper dispute resolution, and met the criteria for being a "better off overall test" (BOOT) for the majority of employees. The Commission also had to consider whether the agreement was made in good faith and without coercion, and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed agreement satisfied the necessary criteria for approval. The Commission determined that the agreement met the BOOT requirement and was made in good faith. It was noted that the agreement provided for fair and reasonable terms and conditions of employment, as well as appropriate dispute resolution mechanisms. Additionally, the Commission found that the agreement did not adversely affect employees and provided for their protection. As a result, the Commission approved the Holdco Holdings Pty Ltd Enterprise Agreement 2017.

The Commission's decision was based on a thorough examination of the proposed agreement and the evidence presented by the parties. The Commission's approval of the agreement provides certainty for both Holdco Holdings and its employees, ensuring that the terms and conditions of employment are fair and reasonable. This decision serves as a valuable guide for future enterprise agreements in the rail industry and beyond.

Holdco Holdings Pty Ltd T/A Southern Shorthaul Railroad Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established