DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne
(AG2019/4984)

METRO TRAINS MELBOURNE ROLLING STOCK ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER WILSON	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Metro Trains Melbourne Rolling Stock Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metro Trains Melbourne Rolling Stock 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 Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' 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 18 February 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Metro Trains Melbourne Pty Ltd, trading as Metro Trains Melbourne, and the Australian Rail and Maritime Transport Union. The dispute arose in relation to the proposed Metro Trains Melbourne Rolling Stock Enterprise Agreement 2019. The matter was heard in the Fair Work Commission.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it met the requirements of the Fair Work Act 2009. The Commission needed to assess if the agreement was appropriate and whether it contained terms that were necessary to facilitate the efficient operation of the business.

The Commission considered the submissions from both parties and examined the terms of the proposed agreement. It found that the agreement provided for fair and reasonable terms and conditions for employees. The Commission also determined that the agreement contained provisions that were necessary to facilitate the efficient operation of the business. Therefore, the Commission approved the Metro Trains Melbourne Rolling Stock Enterprise Agreement 2019.

As a result of the Commission's decision, the Metro Trains Melbourne Rolling Stock Enterprise Agreement 2019 was approved and will now apply to the employees covered by the agreement. The terms and conditions of employment, including wages, hours of work, and other employment-related matters, will be governed by the provisions of the approved agreement.

Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established