DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Trains Melbourne Pty Ltd
(AG2016/4483)

METRO TRAINS MELBOURNE INFRASTRUCTURE ENTERPRISE AGREEMENT 2016

Rail industry
COMMISSIONER LEE	MELBOURNE, 25 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Metro Trains Melbourne Infrastructure 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 Association of Professional Engineers, Scientists and Managers, Australia and the Australian Rail, Tram and Bus Industry Union 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 1 September 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

The matter before the Fair Work Commission involved Metro Trains Melbourne Pty Ltd and the Rail, Tram and Bus Union. The dispute centred on the approval of the Metro Trains Melbourne Infrastructure Enterprise Agreement 2016. The company sought approval of the agreement, which aimed to establish terms and conditions for employees within the infrastructure sector. The union contested certain provisions, arguing they were unfavourable to the workforce.

The primary legal issue before the Commission was whether the provisions of the proposed agreement complied with the Fair Work Act 2009. This required a careful examination of whether the agreement provided a safety net for employees, facilitated efficient workplace relations, and was free from any unfair content. Additionally, the Commission had to consider whether the agreement allowed for proper consultation and negotiation processes.

The Fair Work Commission determined that the proposed agreement met the legislative criteria set out in the Fair Work Act. It found that the agreement provided an appropriate safety net, supported efficient workplace relations, and did not contain unfair provisions. The Commission also found that the negotiation and consultation processes were conducted appropriately. Consequently, the Commission approved the Metro Trains Melbourne Infrastructure Enterprise Agreement 2016.

The Fair Work Commission approved the Metro Trains Melbourne Infrastructure Enterprise Agreement 2016, effective from the date of the decision. This approval signified the agreement's compliance with the statutory requirements under the Fair Work Act.

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