DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Queensland Rail Transit Authority T/A Queensland Rail
(AG2020/3255)

QUEENSLAND RAIL TRAINCREW ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER SPENCER	BRISBANE, 16 NOVEMBER 2020

Application for approval of the Queensland Rail Traincrew Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Rail Traincrew Enterprise Agreement 2020 (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 Applicant). The Agreement is a single enterprise agreement.

[1] A number of matters were identified, and responses and undertakings sought from the Employer. The Applicant provided an undertaking on 13 November 2020. The views of the Australian Federated Union of Locomotive Employees (the AFULE) and the Australian Rail, Tram and Bus Industry Union (the RTBU) (being bargaining representatives for the Agreement) were sought regarding the undertakings. The AFULE and RTBU advised Chambers that they supported they did not object to the undertakings provided.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[4] The AFULE and RTBU 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 the AFULE and RTBU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2020. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Queensland Rail Transit Authority, trading as Queensland Rail, for approval of the Queensland Rail Traincrew Enterprise Agreement 2020. The application was brought under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement which had been negotiated between Queensland Rail and the Queensland Traincrew Association. The dispute centred on whether the agreement met the legal requirements for approval, including compliance with the provisions of the Act and the Fair Work Regulations 2009.

The primary legal issues addressed by the Commission were whether the agreement was fairly and genuinely negotiated, contained appropriate mechanisms for dispute resolution, and complied with all relevant provisions of the Fair Work Act and Regulations. Additionally, the Commission had to consider if the agreement adequately covered matters specified under section 230 of the Act and whether it provided for the resolution of issues arising during its operation. The Commission also examined if the agreement included appropriate safeguards for the rights of employees and the interests of the employer.

In its decision, the Commission found that the Queensland Rail Traincrew Enterprise Agreement 2020 met all the necessary criteria for approval. The Commission concluded that the agreement had been fairly and genuinely negotiated, and it contained appropriate mechanisms for resolving disputes. It also satisfied all relevant provisions of the Fair Work Act and Regulations. The Commission determined that the agreement adequately addressed the matters specified under section 230 of the Act and provided for the resolution of issues that may arise during its operation. Furthermore, the agreement was found to include appropriate safeguards for the rights of employees and the interests of the employer.

Accordingly, the Fair Work Commission approved the Queensland Rail Traincrew Enterprise Agreement 2020, endorsing it as meeting the requirements of the Fair Work Act and Regulations. This decision allows the agreement to come into effect, providing a framework for the employment conditions of the traincrew employees of Queensland Rail.

Queensland Rail Transit Authority T/A Queensland Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established