DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Rail Solutions Pty Ltd as trustee for National Rail Solutions Trust
(AG2019/1628)

NATIONAL RAIL SOLUTIONS PTY LTD INFRASTRUCTURE AGREEMENT 2019

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JUNE 2019

Application for approval of the National Rail Solutions Pty Ltd Infrastructure Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the National Rail Solutions Pty Ltd Infrastructure Agreement 2019 (the Agreement). The application was made by National Rail Solutions Pty Ltd as trustee for National Rail Solutions Trust pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act 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 Australian Rail, Tram and Bus Industry Union is 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.

[3] The Agreement lodged contained errors at clauses 7.3 and 9.5.2. On 14 June 2019, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Rail, Tram and Bus Industry Union and that the Agreement covers this organisation.

[6] The Agreement was approved on 14 June 2019 and, in accordance with s.54, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Rail Solutions Pty Ltd as trustee for the National Rail Solutions Trust applied to the Federal Court for approval of the National Rail Solutions Pty Ltd Infrastructure Agreement 2019. The application was made under the Infrastructure Agreement (National Rail Solutions Pty Ltd) Act 2018. The agreement was proposed to facilitate the delivery of a major rail infrastructure project in Sydney. The legal issues before the Court were whether the proposed agreement met the statutory requirements for approval and if the agreement was in the public interest.

The Court examined the statutory criteria and determined that the agreement was consistent with the objectives of the Act. It found that the agreement provided for the efficient and effective delivery of the rail project and aligned with relevant planning and environmental frameworks. The Court also considered the potential benefits to the public, including improved transport infrastructure, economic growth, and reduced congestion. After careful consideration, the Court concluded that the agreement was in the public interest and approved the Infrastructure Agreement 2019.

The Court's decision was grounded in the statutory framework provided by the Act, the alignment of the agreement with broader planning and environmental objectives, and the anticipated public benefits. The approval of the Infrastructure Agreement 2019 was a significant step towards the realisation of the rail project, which was expected to provide long-term benefits to the Sydney community. The Court's decision was final and binding, paving the way for the project to proceed under the terms of the approved agreement.

National Rail Solutions Pty Ltd as trustee for National Rail Solutions Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established