Metro Trains Sydney Pty Ltd Summary

[2023] FWCA 2791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metro Trains Sydney Pty Ltd

(AG2023/2847)

METRO TRAINS SYDNEY MAINTENANCE ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT DEAN	CANBERRA, 30 AUGUST 2023

Application for approval of the Metro Trains Sydney Maintenance Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Metro Trains Sydney Maintenance Enterprise Agreement 2023 (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 Sydney Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Rail, Tram and Bus Industry Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

I note that the provisions of clause 66.3 (Public Holidays) and clause 77.1 (Personal Leave) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2023. The nominal expiry date of the Agreement is 30 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metro Trains Sydney Pty Ltd applied for approval of the Metro Trains Sydney Maintenance Enterprise Agreement 2023 before the Fair Work Commission. The application involved determining whether the agreement met the necessary criteria under the Fair Work Act 2009, particularly in relation to the agreement's coverage, employee representation, and compliance with procedural fairness. The dispute centred on the scope of the agreement and whether it adequately represented the interests of the employees involved.

The legal issues before the commission included whether the agreement was made in good faith, whether the bargaining process was conducted fairly, and if the agreement complied with the procedural requirements set out in the Fair Work Act. The commission also needed to consider whether the agreement was fair and reasonable in its terms, particularly in relation to wages and other employment conditions. Additionally, the court had to examine if the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the commission carefully reviewed the evidence presented by both parties. The commission determined that the agreement was made in good faith and that the bargaining process was conducted fairly. The terms of the agreement were found to be fair and reasonable, balancing the interests of both the employer and the employees. The commission also found that the agreement complied with the procedural requirements of the Fair Work Act. Based on these findings, the commission approved the agreement, recognising it as a valid enterprise agreement under the Act.

The final orders of the commission were to approve the Metro Trains Sydney Maintenance Enterprise Agreement 2023, recognising it as a registered agreement effective from the date of the approval. The agreement was to be registered and published on the Fair Work Commission's website, ensuring transparency and accessibility for all parties involved.

Metro Trains Sydney Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established