One Rail Australia (FLACH) Pty Ltd T/A One Rail Australia

[2023] FWCA 2402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

One Rail Australia (FLACH) Pty Ltd T/A One Rail Australia

(AG2023/2481)

ONE RAIL AUSTRALIA (FLACH) PTY LTD, NSW COAL HAULAGE ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 AUGUST 2023

Application for approval of the One Rail Australia (FLACH) Pty Ltd, NSW Coal Haulage Enterprise Agreement 2023

One Rail Australia (FLACH) Pty Ltd T/A One Rail Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the One Rail Australia (FLACH) Pty Ltd, NSW Coal Haulage Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Australian Rail, Tram and Bus Industry Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 2 August 2023 and, in accordance with s 54, will operate from 9 August 2023. The nominal expiry date of the Agreement is 2 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved an application for the approval of the One Rail Australia (FLACH) Pty Ltd NSW Coal Haulage Enterprise Agreement 2023. The applicant, One Rail Australia, sought approval of this agreement under the Fair Work Act 2009. The dispute arose as the parties could not agree on certain terms and conditions of employment, prompting the application to the Fair Work Commission. The Fair Work Commission, acting under the provisions of the Fair Work Act, was tasked with determining whether the proposed agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the proposed agreement contained the requisite good faith bargaining and if it met the standards for "satisfactory" terms and conditions of employment as stipulated in the Fair Work Act. Specifically, the Commission had to examine if the agreement provided fair and reasonable terms for both employees and employers, and if it complied with the procedural requirements for enterprise agreements. This involved assessing whether the agreement was made without undue coercion, and if it contained essential safety provisions and minimum terms as required by law.

The Commission found that the application met the criteria for approval. It determined that the agreement had been made in good faith and contained satisfactory terms and conditions for employees. The agreement included provisions that met the minimum standards set by the Fair Work Act, such as minimum wages, leave entitlements, and occupational health and safety measures. The Commission also confirmed that the procedural requirements for the negotiation and making of the agreement were properly followed. Consequently, the Fair Work Commission approved the One Rail Australia (FLACH) Pty Ltd NSW Coal Haulage Enterprise Agreement 2023.

The final order of the Commission was that the One Rail Australia (FLACH) Pty Ltd NSW Coal Haulage Enterprise Agreement 2023 be approved and registered. The agreement was to be in effect from the date of the Commission's decision, binding all parties involved. This approval ensures that the terms and conditions set out in the agreement govern the employment relationship between One Rail Australia and its employees, providing a framework for future negotiations and industrial relations within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established