OneSteel Recycling Pty Limited T/A OneSteel Recycling

[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

OneSteel Recycling Pty Limited, trading as OneSteel Recycling, applied to the Fair Work Commission for approval of the NSW Trains Enterprise Agreement 2014. The matter was heard by the Commission, which needed to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement complied with the procedural requirements for negotiation, and whether it contained the necessary minimum entitlements and protections for employees.

The Commission examined the process through which the agreement was negotiated, considering whether it involved genuine bargaining between the parties and whether the agreement reflected the outcome of that bargaining. Additionally, the Commission assessed whether the agreement provided employees with the minimum entitlements prescribed by the Fair Work Act, including minimum rates of pay, maximum standard and penalty hours, and provisions for leave and other benefits. The Commission also considered whether the agreement contained appropriate mechanisms for the resolution of workplace disputes and the protection of employees' rights.

In its decision, the Commission found that the negotiation process was valid and that the agreement reflected the outcome of genuine bargaining. It also determined that the agreement provided employees with the required minimum entitlements and protections. The Commission concluded that the agreement met all the necessary criteria for approval and granted the application. The Commission issued an order approving the NSW Trains Enterprise Agreement 2014, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established