DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Trains Melbourne Pty Ltd
(AG2016/6441)

METRO TRAINS MELBOURNE ROLLING STOCK ENTERPRISE AGREEMENT 2016

Rail industry
COMMISSIONER LEE	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Metro Trains Melbourne Rolling Stock Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metro Trains Melbourne Rolling Stock Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Trains Melbourne Pty Ltd. 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 Australian Rail, Tram and Bus Industry Union, The Association of Professional Engineers, Scientists and Managers, Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 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

Metro Trains Melbourne Pty Ltd applied to the Fair Work Commission for approval of the Metro Trains Melbourne Rolling Stock Enterprise Agreement 2016. The applicant, a private sector employer, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the statutory requirements for approval, including the need to ensure that the agreement provided for fair and reasonable terms of employment.

The primary legal issue before the commission was whether the agreement contained provisions that were contrary to the public interest or not genuinely intended to be part of the agreement. The applicant argued that the agreement was fair and reasonable and met all the statutory requirements. The union representing the employees contended that certain provisions of the agreement were unfair and not genuinely intended to be part of the agreement.

The commission found that the agreement was not genuine as it contained provisions that were not intended to be part of the agreement, specifically in relation to certain shift patterns. The commission concluded that the applicant had failed to demonstrate that the provisions were genuinely intended to be part of the agreement. As such, the commission refused to approve the agreement. The commission held that the agreement was not fair and reasonable, and therefore did not meet the statutory requirements for approval.

The commission ordered that the application be dismissed and that the agreement not be approved. The commission also directed the applicant to take steps to address the issues identified in the agreement and to resubmit the agreement for approval once the issues had been resolved. This decision highlights the importance of ensuring that enterprise agreements are genuinely intended to be part of the agreement and that they meet all the statutory requirements for approval.

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