Queensland Rail Transit Authority Summary

[2016] FWCA 2071

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Queensland Rail Transit Authority T/A Queensland Rail

(AG2016/2639)

QUEENSLAND RAIL STATION OPERATIONS ENTERPRISE

AGREEMENT 2016

Rail industry

COMMISSIONER SPENCER

BRISBANE, 1 APRIL 2016

Application for approval of the Queensland Rail Station Operations Enterprise Agreement

2016.

[1] An application has been made for approval of an enterprise agreement known as the

Queensland Rail Station Operations Enterprise Agreement 2016 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Queensland Rail Transit Authority T/A Queensland Rail. The Agreement is a single-

enterprise agreement.

[2] The Australian Rail, Tram and Bus Industry Union, and the Australian Municipal,

Administrative, Clerical and Services Union, being bargaining representatives for the

Agreement, have given notice under s.183 of the Act that they want the Agreement to cover

them. In accordance with s.201(2), I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 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 after the agreement is approved, that is, 8 April 2016. The nominal expiry date of the

Agreement is 28 February 2019.

COMMISSIONER

[2016] FWCA 2071

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CaseChat Overview and Summary

In the case of Queensland Rail Transit Authority [2016] FWCA 2071, the applicant, Queensland Rail Transit Authority, applied for approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009. The Queensland Rail Station Operations Enterprise Agreement 2016 was proposed to be approved, and the application was made in accordance with the provisions of the Act. The Australian Rail, Tram and Bus Industry Union and the Australian Municipal, Administrative, Clerical and Services Union, who are the bargaining representatives for the agreement, have given notice under section 183 of the Act that they want the agreement to cover them.

The primary legal issue the court had to decide was whether the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, as they relate to this application for approval, were met. Specifically, the court needed to determine if the agreement met the criteria for approval, including ensuring that it did not contain any provisions that were against the public interest, and that it was made in good faith. The court also had to consider if the agreement was fairly negotiated and if it included appropriate dispute resolution mechanisms.

After reviewing the application and the provisions of the Fair Work Act, Commissioner Spencer determined that all the requirements of sections 186, 187, and 188 of the Act had been met. The Commissioner was satisfied that the agreement was fairly negotiated, did not contain any provisions that were against the public interest, and included appropriate dispute resolution mechanisms. Therefore, the Agreement was approved under section 185 of the Act, and it will operate from 8 April 2016, with a nominal expiry date of 28 February 2019. The Commissioner's decision was based on the thorough analysis of the agreement's provisions and the compliance with the relevant sections of the Fair Work Act.

Queensland Rail Transit Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established