DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Rail Engineering Pty Ltd
(AG2016/2528)

PACIFIC RAIL ENGINEERING PTY LTD ROLLING STOCK ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 MARCH 2016

Application for approval of the Pacific Rail Engineering Pty Ltd Rolling Stock Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Rail Engineering Pty Ltd Rolling Stock Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Rail Engineering Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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.

[4] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will operate from 29 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific Rail Engineering Pty Ltd, an entity involved in the engineering and maintenance of railway rolling stock, sought approval for its Rolling Stock Enterprise Agreement 2015-2018 from the Fair Work Commission. The nature of the dispute was to determine whether the agreement met the legal standards for approval as it concerned the terms and conditions of employment for the employees covered by the agreement.

The primary legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning the protection of employees' rights and the avoidance of adverse economic action. The court had to ensure that the agreement provided fair and reasonable terms, was free from any discriminatory provisions, and did not undermine the ability of employees to take lawful industrial action. Additionally, the court examined whether the agreement appropriately balanced the interests of the employer and the employees.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission concluded that the agreement was fair and reasonable, provided adequate protections for employees, and did not contain any discriminatory provisions. It was also found that the agreement did not undermine the ability of employees to take lawful industrial action. Consequently, the Commission approved the agreement, determining it to be compliant with the relevant legislative provisions.

The final orders of the Commission included the approval of the Rolling Stock Enterprise Agreement 2015-2018, thereby allowing the agreement to take effect from the specified date. The Commission's decision was grounded in the legal framework provided by the Fair Work Act 2009, ensuring that the agreement would operate within the bounds of Australian labour law.

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