DECISION

Fair Work Act 2009
s.185—Enterprise agreement

One Rail Australia (NSW) Pty Ltd T/A One Rail Australia
(AG2020/2460)

ONE RAIL AUSTRALIA (NSW) PTY LTD ROLLINGSTOCK MAINTENANCE ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER JOHNS	SYDNEY, 3 SEPTEMBER 2020

Application for approval of the One Rail Australia (NSW) Pty Ltd Rollingstock Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the One Rail Australia (NSW) Pty Ltd Rollingstock Maintenance Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by One Rail Australia (NSW) Pty Ltd T/A One Rail Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2020. The nominal expiry date of the Agreement is 13 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

One Rail Australia (NSW) Pty Ltd, trading as One Rail Australia, applied to the Fair Work Commission for approval of the One Rail Australia (NSW) Pty Ltd Rollingstock Maintenance Enterprise Agreement 2020. The application was opposed by the Rail, Tram and Bus Industry Union (RTBU). The dispute arose from the terms of the proposed enterprise agreement, which the RTBU contended did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the RTBU argued that the agreement failed to adequately protect the rights and entitlements of the employees, particularly in relation to rostered days off, overtime, and shift patterns. The commission needed to determine whether the agreement provided for minimum terms and conditions that were no less favourable than the applicable award or registered agreement, and whether it contained genuine agreement provisions.

In assessing the application, the commission considered the evidence presented by both parties and the provisions of the Fair Work Act. The commission found that the proposed agreement provided for terms and conditions that were no less favourable than the applicable award and contained genuine agreement provisions. The commission was satisfied that the agreement was in the best interests of the employees, as it provided for improved rostered days off, better clarity on overtime, and more defined shift patterns. The opposition by the RTBU was dismissed, and the application for approval of the enterprise agreement was granted. The commission's decision was based on the overall benefit to the employees and the genuine agreement provisions contained within the proposed agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established