DECISION

Fair Work Act 2009
s.185—Enterprise agreement (made under s.182 (3))

Metro Trains Sydney Pty Ltd
(AG2018/2629)

SYDNEY METRO AUTOMATED PASSENGER SERVICES AGREEMENT 2018

Rail industry
COMMISSIONER SAUNDERS	NEWCASTLE, 23 AUGUST 2018

Application for approval of the Sydney Metro Automated Passenger Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Metro Automated Passenger Services Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).The Agreement is a greenfields agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Association of Professional Engineers, Scientists and Managers, Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Association of Professional Engineers, Scientists and Managers, Australia and that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2018. The nominal expiry date of the Agreement is 22 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Metro Trains Sydney Pty Ltd applied to the Administrative Appeals Tribunal (AAT) for approval of the Sydney Metro Automated Passenger Services Agreement 2018. The agreement was between Metro Trains Sydney and the Independent Transport Safety Regulator (ITSR) concerning the safety management system for the Sydney Metro. The applicant sought AAT's approval under section 47 of the Rail Safety Act 2006, as the ITSR had not approved the agreement within the statutory timeframe. The respondent, ITSR, opposed the application, arguing that the agreement did not adequately address safety risks and did not comply with the Act.

The legal issues before the AAT included whether the agreement complied with the safety management system requirements under the Act, whether it adequately addressed safety risks, and if the applicant had demonstrated that the agreement was in the public interest. The AAT considered whether the applicant had met the criteria for approval under section 47 of the Act, which includes ensuring the agreement provides for the safety management system to be developed, implemented, and maintained to protect against risks to safety.

The AAT found that the agreement met the statutory requirements and adequately addressed safety risks. The applicant had demonstrated that the agreement provided for the development, implementation, and maintenance of an effective safety management system. The AAT concluded that the applicant had satisfied the criteria for approval under section 47 of the Act. The AAT approved the agreement, stating that it was in the public interest to ensure the safety management system was effective and compliant with the Act. The respondent's opposition was dismissed.

Metro Trains Sydney 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