DECISION

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

Queensland Rail Transit Authority T/A Queensland Rail
(AG2016/2641)

QUEENSLAND RAIL TRAVEL AND TOURISM AND OTHER EMPLOYEES ENTERPRISE AGREEMENT 2016

Rail industry
COMMISSIONER SPENCER	BRISBANE, 1 APRIL 2016

Application for approval of the Queensland Rail Travel and Tourism and Other Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Rail Travel and Tourism and Other Employees 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, the Australian Municipal, Administrative, Clerical and Services Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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

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CaseChat Overview and Summary

The parties involved in the case were the Queensland Rail Transit Authority, trading as Queensland Rail, and the Queensland Rail Travel and Tourism and Other Employees Enterprise Agreement 2016. The dispute arose from an application for the approval of the mentioned enterprise agreement. The case was heard in the Fair Work Commission, an Australian government body responsible for resolving workplace disputes.

The central legal issues the court needed to address were whether the enterprise agreement was fairly and appropriately negotiated, whether it complied with the relevant legislation, and whether it met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the court examined whether the agreement provided for fair and reasonable terms and conditions of employment, whether it adhered to the relevant minimum standards, and whether it had been negotiated in good faith.

The Fair Work Commission determined that the enterprise agreement was fairly and appropriately negotiated, met the compliance requirements, and was in accordance with the relevant legislation. The court found that the agreement provided for fair and reasonable terms and conditions of employment and adhered to the relevant minimum standards. It also found that the agreement was negotiated in good faith, as evidenced by the extensive consultation and negotiation process between the parties. Consequently, the court approved the Queensland Rail Travel and Tourism and Other Employees Enterprise Agreement 2016.

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