Off The Railz P/L Summary

[2023] FWCA 843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Off The Railz P/L

(AG2023/506)

OFF THE RAILZ AND RTBU ENTERPRISE AGREEMENT 2023

Rail industry
COMMISSIONER WILSON	MELBOURNE, 21 MARCH 2023

Application for approval of the Off the Railz and RTBU Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Off the Railz and RTBU 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 Off the Railz P/L. The Agreement is a single enterprise agreement.

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.

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.

The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2023. The nominal expiry date of the Agreement is 11 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Off The Railz P/L involved an application for the approval of the Off the Railz and RTBU Enterprise Agreement 2023. This case was heard by the Fair Work Commission (FWC), which has the authority to approve enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centred on whether the proposed enterprise agreement met the necessary criteria for approval, including the protection of employees' rights and conditions, and compliance with relevant industrial laws.

The legal issues before the FWC required careful examination of the agreement's provisions to ensure that they did not undermine the protections afforded to employees under the Fair Work Act. The FWC had to consider whether the agreement included appropriate terms for wages, conditions of employment, and dispute resolution mechanisms. Additionally, the Commission needed to assess if the agreement provided for fair and reasonable terms that were consistent with the objectives of the Act, including promoting economic prosperity and social inclusion.

In delivering its decision, the FWC meticulously reviewed the agreement's provisions and found that it met the statutory requirements for approval. The Commission noted that the agreement contained provisions that were fair and reasonable, providing adequate protections for employees while also allowing for flexibility in the workplace. The FWC concluded that the agreement was in the best interests of the employees and did not contain any terms that would be contrary to the public interest.

The FWC approved the Off the Railz and RTBU Enterprise Agreement 2023, thereby resolving the application. The approval signifies that the agreement will now serve as the governing document for the employment conditions between Off The Railz P/L and its employees, as long as it remains in force.

Off The Railz P/L

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established