DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KDR Victoria Pty Ltd T/A Yarra Trams
(AG2015/7692)

YARRA TRAMS ENTERPRISE AGREEMENT 2015 - ROLLING STOCK, INFRASTRUCTURE, ADMINISTRATION, TECHNICAL & PROFESSIONAL

Passenger vehicle transport (non rail) industry
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2016

Application for approval of the Yarra Trams Enterprise Agreement 2015 - Rolling Stock, Infrastructure, Administration, Technical & Professional.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Trams Enterprise Agreement 2015 – Rolling Stock, Infrastructure, Administration, Technical & Professional (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KDR Victoria Pty Ltd T/A Yarra Trams. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Rail, Tram and Bus Union and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. 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, will operate from 1 February 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by KDR Victoria Pty Ltd, trading as Yarra Trams, for approval of the Yarra Trams Enterprise Agreement 2015, which covers various aspects of employment including Rolling Stock, Infrastructure, Administration, Technical, and Professional roles. The applicant sought to have the agreement recognised and approved as a certified agreement under the Fair Work Act 2009. The application was contested by a union representative, who raised concerns about the fairness and compliance of the agreement with relevant legislative standards.

The central legal issues that the Commission had to address included whether the agreement had been genuinely negotiated, whether it contained all the required terms, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission examined whether the agreement had been made with genuine and free consent, whether it contained the minimum terms and conditions as required by law, and whether it met the standards of procedural fairness. Additionally, the Commission considered whether the agreement adequately addressed the needs and interests of both employees and employers.

The Fair Work Commission, after a thorough examination of the evidence and submissions, concluded that the agreement had been genuinely negotiated and contained all necessary terms. The Commission found that the agreement was made with genuine and free consent, met the minimum standards required by the Fair Work Act, and was procedurally fair. The Commission was satisfied that the agreement appropriately balanced the interests of both parties, providing for fair and reasonable terms and conditions of employment. As a result, the Commission approved the Yarra Trams Enterprise Agreement 2015 as a certified agreement.

In its decision, the Commission ordered that the Yarra Trams Enterprise Agreement 2015 be certified as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision and would apply to the relevant employees and employers. This certification provided legal recognition and enforceability to the terms of the agreement, ensuring that it would govern the employment conditions of the covered workers until the agreement was subject to further negotiation or review.

KDR Victoria Pty Ltd T/A Yarra Trams

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established