Metro Trains Melbourne Pty Ltd Summary

[2024] FWCA 758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metro Trains Melbourne Pty Ltd

(AG2024/350)

METRO TRAINS MELBOURNE PTY LTD RAIL OPERATIONS ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT BELL	MELBOURNE, 28 FEBRUARY 2024

Application for approval of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Metro Trains Melbourne Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 16 March 2023 and the Agreement was made on 5 February 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of 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 Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Rail, Tram and Bus Industry Union (ARTBIU), 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 the organisations.

The Agreement was approved on 28 February 2024 and, in accordance with s.54 of the Act, will operate from 6 March 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

The case involves Metro Trains Melbourne Pty Ltd and the Rail, Tram and Bus Union. The dispute centres on the application for approval of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2023. The Fair Work Commission was the court that heard the application.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, particularly concerning the provisions on remuneration, leave, and other conditions of employment. The Commission also needed to determine if the agreement was made in good faith and whether it adequately protected the interests of employees.

The Fair Work Commission found that the agreement was generally compliant with the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable remuneration and leave provisions. It also concluded that the agreement was made in good faith and appropriately protected the interests of the employees. The Commission approved the agreement, emphasising the importance of balancing the needs of the employer and the rights of the employees.

The Commission's decision was that the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2023 be approved. This decision ensures that the agreement will govern the employment terms of the relevant employees, subject to the provisions of the Fair Work Act.

Metro Trains Melbourne Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established