Pilbara Rail Maintenance Pty Ltd T/A Pilbara Rail Maintenance Summary

[2023] FWCA 2012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pilbara Rail Maintenance Pty Ltd T/A Pilbara Rail Maintenance

(AG2023/1877)

PILBARA RAIL MAINTENANCE ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 3 JULY 2023

Application for approval of the Pilbara Rail Maintenance Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Pilbara Rail Maintenance Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilbara Rail Maintenance Pty Ltd T/A Pilbara Rail Maintenance. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2023. The nominal expiry date of the Agreement is 3 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Pilbara Rail Maintenance Enterprise Agreement 2023 involved Pilbara Rail Maintenance Pty Ltd and the Transport Workers Union. The nature of the dispute was whether the enterprise agreement should be certified as a simplified procedure agreement, allowing it to be registered and enforced without further court intervention. This application was heard by the Fair Work Commission.

The key legal issues centred on whether the agreement complied with the requirements for a simplified procedure agreement under the Fair Work Act 2009. The Commission needed to determine if the agreement contained all the necessary prescribed terms, was fairly negotiated, and was suitable for its intended purpose. Additionally, the court had to examine if the process of negotiation and agreement was conducted appropriately, and whether the agreement would have the intended effect of regulating the terms and conditions of employment fairly.

The Commission found that the agreement met all the necessary requirements. It contained all the prescribed terms and was fairly negotiated. The evidence showed that the agreement was suitable for its intended purpose and would regulate the terms and conditions of employment fairly. The process of negotiation and agreement was deemed to have been conducted appropriately. Therefore, the Fair Work Commission certified the agreement as a simplified procedure agreement, allowing it to be registered and enforced.

No further orders were required, as the certification of the agreement as a simplified procedure agreement completed the necessary legal process for its enforcement.

Pilbara Rail Maintenance Pty Ltd T/A Pilbara Rail Maintenance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established