DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Trains Melbourne Pty. Ltd. T/A Metro Trains Melbourne
(AG2019/3478)

METRO TRAINS MELBOURNE INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Metro Trains Melbourne Infrastructure 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 Australian Rail, Tram and Bus Industry Union and Allied Services Union of Australia, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Association of Professional Engineers, Scientists and Managers, Australia 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 19 – Abandonment of Employment

• Clause 21 – Redundancy

However, noting clause 1 of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2019. 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 before the Fair Work Commission involved Metro Trains Melbourne Pty. Ltd. trading as Metro Trains Melbourne, an employer, and its employees, represented by the Rail, Tram and Bus Industry Union. The dispute centred on the application for approval of the Metro Trains Melbourne Infrastructure Enterprise Agreement 2019. The agreement in question was proposed to govern the terms and conditions of employment for certain employees within the infrastructure division of Metro Trains Melbourne. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was genuinely bargained between the parties, whether it was fair and reasonable, and if it met the procedural requirements stipulated by the Fair Work Act. Additionally, the Commission had to consider whether the agreement included all the mandated terms and whether it provided for a streamlined and efficient process for resolving workplace disputes.

The Fair Work Commission found that the agreement had been genuinely negotiated between the employer and the union, and it contained all the mandated terms as required by the Fair Work Act. The Commission also concluded that the agreement was fair and reasonable, taking into account the economic circumstances and the need to provide for a streamlined and efficient process for resolving workplace disputes. The Commission noted the procedural fairness of the bargaining process and the fact that the agreement had been extensively negotiated over a period of time with input from both parties. Therefore, the Commission approved the application for the agreement to be registered as a single-enterprise agreement.

The Fair Work Commission approved the Metro Trains Melbourne Infrastructure Enterprise Agreement 2019, effective from 1 July 2019. The decision underscored the importance of genuine bargaining and procedural fairness in the negotiation and approval of enterprise agreements under the Fair Work Act.

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