DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Rail Maintenance Pty Ltd T/A Pilbara Rail Maintenance
(AG2019/919)

PILBARA RAIL MAINTENANCE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 27 MAY 2019

Application for approval of the Pilbara Rail Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Rail Maintenance Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pilbara Rail Maintenance Pty Ltd T/A Pilbara Rail Maintenance. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 24 May 2019.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 27 May 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Pilbara Rail Maintenance Pty Ltd, trading as Pilbara Rail Maintenance, and its employees. They sought approval of the Pilbara Rail Maintenance Enterprise Agreement 2019 under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The central dispute was whether the agreement met the necessary standards for approval under the Act. Specifically, the question was whether the agreement appropriately balanced the interests of the employer and employees and complied with the procedural requirements for such agreements.

The court had to determine if the agreement provided for fair and reasonable terms and conditions of employment. This included assessing whether the agreement adhered to the process mandated by the Fair Work Act for reaching an enterprise agreement. The court also needed to ensure that the agreement did not disadvantage any party and that it was made in good faith. Additionally, the court considered whether the agreement appropriately facilitated the efficient operation of the enterprise.

After reviewing the submissions and evidence provided, the Fair Work Commission found that the Pilbara Rail Maintenance Enterprise Agreement 2019 was fair and reasonable. The agreement was made in good faith and provided for fair and reasonable terms and conditions. The commission concluded that the agreement met all necessary criteria for approval and did not disadvantage any party. Consequently, the application for approval was successful, and the agreement was approved as a registered agreement.

Pilbara Rail Maintenance Pty Ltd T/A Pilbara Rail Maintenance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established