DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Howell Rail Pty Ltd
(AG2015/2869)

HOWELL RAIL PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2015

Application for approval of the Howell Rail Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Howell Rail Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Howell Rail 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] The Agreement was approved on 15 June 2015 and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 14 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Howell Rail Pty Ltd, sought approval of an enterprise agreement in the Fair Work Commission. The agreement was between the company and the Rail, Tram and Bus Union. The dispute centred on the terms of the agreement, particularly those relating to working conditions and employee entitlements. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was a "better off overall test" agreement, which means that the employees would be no worse off and at least some would be better off financially under the new agreement compared to their previous conditions. The Commission also needed to assess if the agreement met the procedural fairness requirements, including whether proper consultation had taken place with the employees and if the agreement had been certified by an independent certifier.

In delivering its decision, the Commission thoroughly examined the evidence and submissions from both parties. It found that the agreement did indeed meet the "better off overall test" as it provided improved conditions and benefits for the employees without reducing their overall entitlements. The Commission also confirmed that the necessary procedural steps had been followed, including appropriate consultation and certification. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and its potential to benefit the employees.

The final orders of the Commission were that the enterprise agreement between Howell Rail Pty Ltd and the Rail, Tram and Bus Union be approved and registered under the Fair Work Act. This decision ensures that the agreement can be implemented, providing the agreed terms and conditions for the employees.

Howell Rail 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