DECISION

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

Queensland Rail Transit Authority T/A Queensland Rail
(AG2016/2637)

QUEENSLAND RAIL ROLLINGSTOCK AND OPERATIONS ENTERPRISE AGREEMENT 2016

Rail industry
COMMISSIONER SPENCER	BRISBANE, 1 APRIL 2016

Application for approval of the Queensland Rail Rollingstock and Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Rail Rollingstock and 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, the Australian Municipal, Administrative, Clerical and Services Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – Queensland Branch and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ 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

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CaseChat Overview and Summary

The case involved the Queensland Rail Transit Authority, trading as Queensland Rail, which applied for the approval of the Queensland Rail Rollingstock and Operations Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which had to determine if the proposed agreement was in the interests of the employees it covered. The legal issues before the court centred on whether the agreement met the statutory requirements for enterprise agreements, specifically under the Fair Work Act 2009, and if it was fair and reasonable for the employees involved.

The court examined various aspects of the agreement, including the provisions on wages, conditions, and other employment terms. The court considered whether the agreement provided fair compensation and conditions that were no less favourable than the relevant awards or applicable laws. It also assessed if the agreement complied with the procedural requirements, such as proper consultation and notice provisions. The court found that the agreement largely met these criteria, as it provided for fair wages and conditions and adhered to the necessary procedural steps. The court concluded that the agreement was fair and reasonable for the employees, and thus approved it.

In summary, the court determined that the Queensland Rail Rollingstock and Operations Enterprise Agreement 2016 was in the interests of the employees. The court's approval was based on the agreement's compliance with statutory requirements and its fairness and reasonableness for the employees it covered. This decision was significant for setting a precedent regarding the approval of enterprise agreements in the context of the Fair Work Act 2009.

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