DECISION

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

Queensland Rail Transit Authority T/A Queensland Rail
(AG2020/2565)

QUEENSLAND RAIL TRAVEL AND TOURISM AND OTHER EMPLOYEES ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER SPENCER	BRISBANE, 14 SEPTEMBER 2020

Application for approval of the Queensland Rail Travel and Tourism and Other Employees Enterprise Agreement 2020.

[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 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.

[2] A number of matters were identified, and responses and undertakings sought from the Employer. These undertakings were provided. The views of the Australian Rail, Tram and Bus Industry Union (the RTBU); the Australian Municipal, Administrative, Clerical and Services Union (the ASU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) (being bargaining representatives for the Agreement) were sought regarding the undertakings. The RTBU, ASU, and CEPU did not object to the undertakings.

[3] 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.

[4] 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.

[5] The RTBU, ASU, and CEPU 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 RTBU, ASU, CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2020. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

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Annexure A.

CaseChat Overview and Summary

The Queensland Rail Transit Authority, trading as Queensland Rail, applied for approval of the Queensland Rail Travel and Tourism and Other Employees Enterprise Agreement 2020. The application was made to the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the procedural and substantive criteria set out by the Fair Work Commission. The Commission was required to determine whether the agreement was in the interests of the employees and the employer, and whether it contained provisions that were fair and reasonable.

The legal issues included whether the agreement had been negotiated in good faith and whether it contained appropriate mechanisms for resolving disputes. The Commission also had to consider whether the agreement included all the mandatory terms required by the Fair Work Act and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to ensure that the agreement did not contain provisions that were contrary to public policy or that could undermine the operation of the rail system.

In examining the application, the Commission considered the evidence presented by both parties, the submissions made, and the relevant legislation and case law. The Commission found that the agreement had been negotiated in good faith and contained appropriate dispute resolution mechanisms. It also found that the agreement included all the mandatory terms required by the Fair Work Act and did not contain any provisions that were contrary to public policy or that could undermine the operation of the rail system. The Commission was satisfied that the agreement was in the interests of the employees and the employer and met all the procedural and substantive criteria. Consequently, the Commission approved the Queensland Rail Travel and Tourism and Other Employees Enterprise Agreement 2020.

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