DECISION

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

Queensland Rail Transit Authority T/A Queensland Rail
(AG2016/2635)

QUEENSLAND RAIL ADMINISTRATIVE, PROFESSIONAL AND TECHNICAL ENTERPRISE AGREEMENT 2016

Rail industry
COMMISSIONER SPENCER	BRISBANE, 1 APRIL 2016

Application for approval of the Queensland Rail Administrative, Professional and Technical Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Rail Administrative, Professional and Technical 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 Association of Professional Engineers, Scientists and Managers Australia 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Queensland Rail Transit Authority, trading as Queensland Rail, and the Queensland Rail Union. The dispute centred on the application for the approval of the Queensland Rail Administrative, Professional and Technical Enterprise Agreement 2016. The matter was heard and determined by the Fair Work Commission, which has jurisdiction over matters of this nature under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, particularly focusing on the provisions regarding employee representation and the proper process for the agreement's negotiation. Additionally, the Commission had to consider whether the agreement provided for adequate minimum terms and conditions for employees, including those related to wages, hours of work, and other employment conditions.

In its decision, the Fair Work Commission found that the agreement did not meet the statutory requirements for approval as it did not adequately address the representation of employees in the negotiation process. The Commission noted that the agreement failed to ensure that a majority of employees were represented by the union during the negotiations, which is a critical aspect of the approval process. The Commission also highlighted issues with the process through which the agreement was reached, finding it did not comply with the necessary procedural fairness. Consequently, the Commission did not grant approval of the agreement as it did not meet the statutory criteria.

The Fair Work Commission ultimately decided not to approve the Queensland Rail Administrative, Professional and Technical Enterprise Agreement 2016, directing that further negotiations be undertaken to ensure compliance with the Act. The Commission's decision was based on the specific deficiencies identified in the agreement and the negotiation process, which did not meet the legislative standards for approval.

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