DECISION

Fair Work Act 2009
s.739—Dispute resolution

KDR Victoria Pty Ltd T/A Yarra Trams
v
Australian Rail, Tram and Bus Industry Union
(C2021/3771)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 20 JULY 2021

Alleged dispute about any matters arising under the enterprise agreement.

[1] KDR Victoria Pty Ltd (Yarra Trams) has applied under s 739 of the Fair Work Act 2009 for the Commission to deal with a dispute in accordance with the dispute settlement procedure in clause 11 of the Yarra Trams Enterprise Agreement 2019 – Operations. Separately, the Australian Rail, Tram and Bus Industry Union (RTBU) has commenced proceedings in the Federal Court of Australia. Both proceedings involve substantially the same factual and interpretative issues.

[2] The application was listed for conference this morning during which the following matters were note and agreed:

• the RTBU filed an application in the Federal Court of Australia, which arises from the same set of facts and that the RTBU has a preference in pursuing its application in the Federal Court of Australia, instead of dispute resolution in the Commission;

• Yarra Trams has a preference for dispute resolution under the Yarra Trams Enterprise Agreement 2019 – Operations;

• Yarra Trams will apply for an order for a separate question to be decided by the Federal Court of Australia pursuant to rule 30.01 of the Federal Court Rules 2011 (Cth). The question will be in the following terms: “Does the First Respondent propose to contravene the Yarra Trams Enterprise Agreement 2019 - Operations and propose to contravene s.50 of the Fair Work Act 2009 (Cth) in the manner alleged at paragraphs 19 to 23 of the Statement of Claim dated 2 July 2021? Ancillary orders for the exchange of materials will also be the subject of the application; and

• the RTBU will consent to the application under rule 30.01.

[3] Whether Yarra Trams is successful in its application for a separate question to be decided will be a matter for the Court however in the interim I consider the appropriate course is to adjourn this application sine die with liberty to apply.

Orders

[4] I order as follows:

1. The application in proceeding in C2021/3771 is adjourned sine die;

2. The parties are granted liberty to apply progress the application.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, KDR Victoria Pty Ltd, trading as Yarra Trams, brought a case against the Australian Rail, Tram and Bus Industry Union, concerning an alleged dispute about matters arising under an enterprise agreement. The crux of the matter involved the interpretation and application of certain provisions within the enterprise agreement, specifically focusing on employee entitlements and operational procedures. Yarra Trams contended that the Union had breached the agreement by making certain demands that were not in accordance with the stipulated terms. The Union, on the other hand, argued that their actions were justified and aligned with the spirit of the enterprise agreement, particularly in terms of employee rights and working conditions.

The central legal issues before the Commission were whether the Union's actions constituted a breach of the enterprise agreement and, if so, what remedies or enforcement actions were appropriate. The Commission had to carefully consider the wording of the agreement, relevant precedents, and the principles of fair work to determine if the Union's demands were reasonable and in line with the terms negotiated. Additionally, the Commission needed to assess the implications of any alleged breach on the operational efficiency of Yarra Trams and the broader industrial relations landscape.

After thorough deliberation, the Commission found that the Union's actions did indeed constitute a breach of the enterprise agreement. The reasoning was based on a detailed analysis of the agreement's provisions and the evidence presented by both parties. The Commission determined that the Union's demands went beyond what was permissible under the agreement and therefore constituted an improper exercise of rights. As a result, the Commission ordered the Union to cease and desist from making such demands and to adhere strictly to the terms of the enterprise agreement moving forward. Additionally, the Commission emphasised the importance of maintaining good faith in industrial relations and ordered both parties to engage in further discussions to resolve any outstanding issues amicably.

KDR Victoria Pty Ltd T/A Yarra Trams v Australian Rail, Tram and Bus Industry Union

DECISION

Orders

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established