Interail Australia Pty Ltd Summary

[2013] FWCA 8998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Interail Australia Pty Ltd
(AG2013/10013)

AURIZON INTERMODAL RAIL OPERATIONS ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 20 NOVEMBER 2013

Application for approval of the Aurizon Intermodal Rail Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon Intermodal Rail Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Interail Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to individual flexibility arrangements under the Agreement. The Australian Rail, Tram and Bus Industry Union (ARTBU) being the only known bargaining representative has provided written support for the undertaking.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The ARTBU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 27 November 2013. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Interail Australia Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Aurizon Intermodal Rail Operations Enterprise Agreement 2013. The respondent was Aurizon Intermodal Rail Operations Union. The dispute centred on the terms and conditions of employment within the Aurizon Intermodal Rail Operations sector, particularly focusing on the proposed changes introduced in the 2013 agreement.

The legal issues before the court encompassed whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions relating to minimum entitlements, procedural fairness, and the overall fairness of the agreement. The court needed to determine if the agreement was made in good faith and whether it provided for the proper operation of the enterprise, while also considering the implications for employees and the enterprise's operational requirements.

The Fair Work Commission found that the agreement complied with the statutory requirements. The court emphasised that the agreement provided for minimum entitlements, was procedurally fair, and was made in good faith. The court also highlighted that the agreement addressed the operational needs of the enterprise without compromising employee rights. Consequently, the court approved the Aurizon Intermodal Rail Operations Enterprise Agreement 2013.

Interail Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established