Interail Australia Pty Ltd Summary

[2014] FWCA 3260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interail Australia Pty Ltd
(AG2014/1058)

AURIZON NSW COAL OPERATIONS ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER STANTON	NEWCASTLE, 16 MAY 2014

Application for approval of the Aurizon NSW Coal Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon NSW Coal Operations 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] The applicant has provided written undertakings. A copy of those undertakings is set out in Annexure “A”. Pursuant to s.191 of the Act, the undertakings annexed to this Decision are taken to be a term of 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 Australian Rail, Tram and Bus Industry Union, being the bargaining representative for the Agreement, have 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 these organisations.

[5] The Agreement is approved and in accordance with s.54 of the Act shall operate on and from 23 May 2013. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The proceedings involved Interail Australia Pty Ltd, which sought approval of the Aurizon NSW Coal Operations Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was required to determine whether the agreement should be approved under the Fair Work Act 2009. The dispute centred on various aspects of the agreement, including its procedural fairness and whether it complied with the provisions of the Act. The Commission was tasked with assessing if the agreement met the criteria for approval, including whether it was in the best interests of the employees and did not adversely affect the employees' rights.

The legal issues that the Fair Work Commission had to decide included whether the agreement was made in good faith and whether it complied with the requirements of the Fair Work Act. The Commission also had to consider whether the agreement was procedurally fair and whether it provided for the appropriate protections for employees. Additionally, the Commission needed to determine if the agreement met the standards of procedural fairness and whether it was in the best interests of the employees. The Commission examined the process through which the agreement was made and whether it allowed for genuine bargaining.

In its decision, the Fair Work Commission found that the agreement was made in good faith and complied with the requirements of the Act. The Commission determined that the agreement was procedurally fair and provided for the appropriate protections for employees. The Commission concluded that the agreement met the standards of procedural fairness and was in the best interests of the employees. Consequently, the Fair Work Commission approved the Aurizon NSW Coal Operations Enterprise Agreement 2014. The decision was made on the basis that the agreement adhered to the necessary legislative criteria and was fair and beneficial to the employees involved.

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