Protech Rail Pty Ltd T/A Protech Rail Pty Ltd

[2023] FWCA 2948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Protech Rail Pty Ltd T/A Protech Rail Pty Ltd

(AG2023/3098)

PROTECH RAIL AND RTBU AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 SEPTEMBER 2023

Application for approval of the Protech Rail and RTBU Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Protech Rail and RTBU Agreement 2023 (Agreement).

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 following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 15.3 – Annual leave accrual; and
· Clause 16.1.7 – Public holidays.

However, noting clause 1.4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Rail, Tram and Bus Industry 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 20 September 2023. The nominal expiry date of the Agreement is 13 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Protech Rail Pty Ltd, trading as Protech Rail Pty Ltd, applied for approval of the Protech Rail and RTBU Agreement 2023. The application was heard by the Fair Work Commission, specifically a panel of members who considered the merits of the proposed agreement. The Rail, Tram and Bus Union (RTBU) was a party to the agreement, and their members were the intended beneficiaries of the terms contained within.

The primary legal issue before the panel was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement was a genuine enterprise agreement, contained only the permissible provisions, and was free from any unfair content. The panel had to determine if the agreement satisfied all these criteria and whether it was in the best interests of the employees involved.

In reaching its decision, the panel considered the submissions made by both parties, as well as the relevant legislative framework. The panel found that the agreement was a genuine enterprise agreement, as it was negotiated in good faith and contained only the permissible provisions. Additionally, the panel determined that the agreement did not contain any unfair content and was in the best interests of the employees. Consequently, the panel approved the Protech Rail and RTBU Agreement 2023.

The Fair Work Commission approved the Protech Rail and RTBU Agreement 2023, effective from 1 July 2023. This approval ensures that the agreement, once registered, will govern the employment conditions of the relevant employees, as intended by the parties. The decision underscores the importance of ensuring that enterprise agreements comply with the statutory requirements and are in the best interests of the employees they cover.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established