Jordan Rail Pty Ltd T/A Jordan Rail Summary

[2024] FWCA 3930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Jordan Rail Pty Ltd T/A Jordan Rail

(AG2024/4061)

JORDAN RAIL & RTBU ENTERPRISE AGREEMENT 2024

Rail industry
COMMISSIONER PERICA	MELBOURNE, 12 NOVEMBER 2024

Application for approval of the Jordan Rail & RTBU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Jordan Rail & RTBU Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today, 12 November 2024. It will operate from 19 November 2024 as required by section 54 of the Act. The nominal expiry date is 19 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jordan Rail Pty Ltd, trading as Jordan Rail, applied for approval of the Jordan Rail & RTBU Enterprise Agreement 2024. The Rail, Tram and Bus Union (RTBU) represented the employees of Jordan Rail, and the dispute centred on the terms and conditions of employment within the proposed agreement. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing the compliance of the enterprise agreement with the legislative requirements. Specifically, the Commission needed to determine if the agreement was a "better off overall test" (BOOT) compliant, meaning that it provided employees with a minimum of 15% improvement over the national minimum terms and conditions. Additionally, the Commission examined whether the agreement met the procedural requirements for bargaining and whether it contained any provisions that could be considered unfair.

The Commission found that the agreement did indeed meet the BOOT, as it provided employees with improvements beyond the national minimum terms and conditions. The agreement also adhered to the procedural requirements, having been reached through a genuine process of bargaining between the parties. The Commission concluded that the agreement was fair and met all the necessary criteria for approval. Consequently, the application for approval was successful.

The Fair Work Commission approved the Jordan Rail & RTBU Enterprise Agreement 2024, effective from the date of the decision. This outcome signifies that the agreement will now govern the terms and conditions of employment for the employees of Jordan Rail, as represented by the RTBU.

Jordan Rail Pty Ltd T/A Jordan Rail

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established