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

[2024] FWCA 859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/205)

ONE RAIL AUSTRALIA CENTRAL QUEENSLAND COAL OPERATIONS ENTERPRISE AGREEMENT 2023

Freight rail haulage industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 7 MARCH 2024

Application for approval of the One Rail Australia Central Queensland Coal Operations Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the One Rail Australia Central Queensland Coal Operations Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by One Rail Australia (Queensland) T/A One Rail Australia. The Agreement is a single enterprise agreement.

A matter was raised with the applicant going to whether the agreement passes the better off overall test referred to in s.186(2)(d). In response the applicant provided undertakings. A copy of the undertakings is attached in Annexure A. A copy of the undertakings was provided to the union bargaining representative. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and it will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement.

Subject to the undertaking 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Rail, Tram, and Bus Union, Queensland Branch and the Australian Federated Union of Locomotive Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 7 March 2024 and, in accordance with s.54, will operate from 14 March 2024. The nominal expiry date of the Agreement at clause 4.1 is 14 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

One Rail Australia (Queensland) Pty Ltd, trading as One Rail Australia, sought approval of the One Rail Australia Central Queensland Coal Operations Enterprise Agreement 2023. The matter was heard in the Fair Work Commission. The union representing the employees, the Rail, Tram and Bus Industry Union, did not oppose the application but raised certain concerns regarding the agreement's provisions. The primary legal issues the Commission had to decide were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it appropriately balanced the interests of both employers and employees.

The Commission examined the agreement's provisions and the submissions from both parties. It considered whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, leave entitlements, and dispute resolution mechanisms. The Commission also assessed whether the agreement met the "better off overall test," ensuring that employees were not worse off financially compared to their previous terms of employment. Ultimately, the Commission found that the agreement met the statutory requirements for approval and provided fair and reasonable terms for the employees, thereby meeting the better off overall test.

Accordingly, the Fair Work Commission approved the One Rail Australia Central Queensland Coal Operations Enterprise Agreement 2023. This decision was based on the Commission's determination that the agreement was fair and reasonable and met the statutory requirements for approval under the Fair Work Act 2009. The Commission's approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established