DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Indigenous Rail Safety & Staffing Solutions Pty Ltd
(AG2021/4105)

IRSSS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MARCH 2021

Application for approval of the IRSSS Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the IRSSS Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Indigenous Rail Safety & Staffing Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2021. The nominal expiry date of the Agreement is 16 March 2025.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Indigenous Rail Safety & Staffing Solutions Pty Ltd (IRSSS), sought approval of the IRSSS Enterprise Agreement 2021 from the Fair Work Commission (FWC). The application was made under section 234 of the Fair Work Act 2009. The applicant argued that the agreement should be approved as it met the "better off overall test" and contained appropriate provisions for the workforce, including fair pay and conditions, dispute resolution mechanisms, and flexibility.

The legal issues before the FWC were whether the agreement met the "better off overall test," which required that the agreement be no less favourable to employees than the applicable award or safety net award, and whether the agreement contained appropriate terms and conditions for the workforce. The FWC needed to consider the overall balance of the agreement and assess whether it provided a fair and reasonable outcome for both parties. The applicant argued that the agreement provided for fair and reasonable terms and conditions, including pay rates, leave provisions, and dispute resolution mechanisms.

The FWC found that the agreement met the "better off overall test" and contained appropriate provisions for the workforce. The FWC considered the overall balance of the agreement and assessed whether it provided a fair and reasonable outcome for both parties. The FWC found that the agreement provided for fair and reasonable terms and conditions, including pay rates, leave provisions, and dispute resolution mechanisms. The FWC approved the agreement, finding that it met the requirements of the Fair Work Act.

The FWC approved the IRSSS Enterprise Agreement 2021, finding that it met the "better off overall test" and contained appropriate provisions for the workforce. The FWC considered the overall balance of the agreement and assessed whether it provided a fair and reasonable outcome for both parties. The FWC found that the agreement provided for fair and reasonable terms and conditions, including pay rates, leave provisions, and dispute resolution mechanisms. The FWC approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

Indigenous Rail Safety & Staffing Solutions 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