NSW Trains

[2014] FWCA 6952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NSW Trains
(AG2014/9171)

NSW TRAINS ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER ROBERTS	SYDNEY, 7 OCTOBER 2014

Application for approval of the NSW Trains Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NSW Trains Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by NSW Trains. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Municipal, Administrative, Clerical and Services Union, and the Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act, that each wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NSW Trains sought approval for the NSW Trains Enterprise Agreement 2014, with the application being heard in the Fair Work Commission. The dispute involved the application's compliance with the relevant statutory requirements and its fairness to the employees covered by the agreement.

The legal issues centred on whether the application met the necessary criteria under the Fair Work Act 2009, including whether the agreement was in the best interests of the employees and whether it complied with procedural requirements. The court also considered whether the application provided adequate protections for employees, including provisions related to pay rates, working conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the application was largely compliant with the statutory requirements and was in the best interests of the employees. The court noted that the agreement provided reasonable protections for employees, including provisions for fair pay rates and dispute resolution mechanisms. However, the court made some minor amendments to the agreement to ensure it met all legal requirements. Overall, the court approved the application with these amendments.

The final orders included the approval of the NSW Trains Enterprise Agreement 2014, subject to the minor amendments made by the court. The agreement was to come into effect from the date of the decision, and both parties were directed to implement the amended agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established