DECISION

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

Martinus Rail Pty Ltd
(AG2019/1484)

MARTINUS RAIL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 OCTOBER 2019

Application for approval of the Martinus Rail Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Martinus Rail Pty Ltd Enterprise Agreement 2019 (the Agreement). ). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Martinus Rail Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] 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. The undertakings are taken to be a term of the Agreement.

[5] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE505538 PR712937>
Appendix A.

CaseChat Overview and Summary

The applicants, Martinus Rail Pty Ltd, sought approval of the Martinus Rail Pty Ltd Enterprise Agreement 2019. The applicant's employees, represented by the Rail, Tram and Bus Industry Union, opposed the application. The dispute was heard in the Fair Work Commission. The key issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement had been negotiated in good faith.

The Commission considered whether the agreement met the statutory requirements for an enterprise agreement, including whether it provided for a minimum rate of pay and allowed for a fair and efficient workplace. The Commission also examined whether the agreement was the product of genuine bargaining between the parties. In its reasoning, the Commission noted that the agreement contained all the required minimum terms and conditions and that there was evidence of good faith bargaining. The Commission concluded that the agreement was fair and reasonable and approved the Martinus Rail Pty Ltd Enterprise Agreement 2019. The orders made by the Commission approved the agreement and directed its registration.

Martinus Rail Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established