DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Trains Melbourne Pty Ltd
(AG2020/1234)

METRO TRAINS MELBOURNE PTY LTD RAIL OPERATIONS ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER MCKINNON	MELBOURNE, 21 MAY 2020

Application for approval of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2019.

[1] Application has been made by Metro Trains Melbourne Pty Ltd for approval of a single enterprise agreement known as the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2019 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2020. The nominal expiry date of the Agreement is 30 June 2023.

[4] The Agreement covers the Australian Rail, Tram and Bus Industry Union and the Association of Professional Engineers, Scientists and Managers, Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metro Trains Melbourne Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2019. The dispute centred around whether the terms and conditions outlined in the proposed agreement were fair and appropriate for the employees involved. As the enterprise agreement sought to govern the employment terms of a significant number of rail operations workers, its approval had broad implications for both the company and its workforce.

The legal issues before the Commission included whether the agreement provided adequate protections for employees, including provisions on wages, hours of work, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement complied with relevant industrial laws and if it had been negotiated in good faith. The applicant, Metro Trains Melbourne, argued that the agreement was fair and balanced, while the objectors contended that it did not adequately protect employee rights.

The Fair Work Commission, after a thorough review, found that the proposed agreement was fair and appropriate. The Commission determined that the agreement provided for reasonable terms and conditions of employment, including adequate provisions for wages, hours of work, and leave. The Commission also found that the agreement complied with relevant industrial laws and had been negotiated in good faith. Based on these findings, the Commission approved the agreement, allowing it to come into effect as intended.

This decision underscores the importance of ensuring that enterprise agreements are fair and balanced, protecting the rights and interests of both employers and employees. The approval of this agreement will now govern the employment terms for the rail operations workers, setting the standards for wages, hours, and other conditions of employment in the sector.

Metro Trains Melbourne 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