DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Rail Engineering Pty Ltd
(AG2019/420)

PACIFIC RAIL ENGINEERING PTY LTD ROLLING STOCK ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 7 MAY 2019

Application for approval of the Pacific Rail Engineering Pty Ltd Rolling Stock Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Rail Engineering Pty Ltd Rolling Stock Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Pacific Rail Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Workers’ Union (AWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pacific Rail Engineering Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Pacific Rail Engineering Pty Ltd Rolling Stock Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for employees working in the rolling stock sector, including issues related to wages, hours of work, and other employment conditions. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained the necessary minimum terms and conditions, whether it had been fairly negotiated, and whether it was in the best interests of the employees it covered. The Commission also needed to consider whether the agreement complied with the "better off overall test," ensuring that employees were not worse off financially under the new agreement.

In determining the application, the Commission considered the submissions from both Pacific Rail Engineering and the unions representing the employees. The Commission assessed the fairness of the negotiation process and the content of the agreement, including its impact on the employees' overall conditions. The Commission found that the agreement contained the required minimum terms and conditions, had been fairly negotiated, and met the better off overall test. Consequently, the Commission approved the agreement, recognising its benefits for both the employer and the employees.

The Fair Work Commission approved the Pacific Rail Engineering Pty Ltd Rolling Stock Enterprise Agreement 2018, determining that it met the statutory requirements for approval. The Commission's decision recognised the agreement's compliance with the necessary legal standards and its potential to improve the terms and conditions for the employees involved. This approval formalises the agreement, making it a legally binding contract between the employer and the employees.

Pacific Rail Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established