DECISION

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

Queensland Rail Transit Authority T/A Queensland Rail
(AG2020/2549)

QUEENSLAND RAIL TRAIN CONTROL ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER SPENCER	BRISBANE, 14 SEPTEMBER 2020

Application for approval of the Queensland Rail Train Control Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Rail Train Control 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) and the Australian Municipal, Administrative, Clerical and Services Union (the ASU) (being bargaining representatives for the Agreement) were sought regarding the undertakings. The RTBU and ASU did not object to the undertakings. There were no employee bargaining representatives to the Agreement.

[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 and ASU 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 and ASU.

[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

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The case involved the Queensland Rail Transit Authority, trading as Queensland Rail, and the Rail, Tram and Bus Union. The dispute centred around the application for approval of the Queensland Rail Train Control Enterprise Agreement 2020. The matter was heard in the Fair Work Commission. The central legal issues the Court needed to address were whether the agreement met the statutory requirements for approval and whether it complied with the Fair Work Act 2009. Specifically, the Court had to determine if the agreement was made in good faith, provided for the proper operation of the enterprise, and was fair and reasonable.

The Court examined the process through which the agreement was negotiated, whether it adequately represented the interests of both parties, and if it was in line with relevant laws and policies. It also considered the provisions regarding wages, conditions, and dispute resolution mechanisms within the agreement. The Court assessed whether these provisions were fair and reasonable and if they were consistent with broader economic and employment policies. Ultimately, the Court concluded that the agreement was made in good faith and satisfied the statutory requirements for approval under the Fair Work Act.

The Court found that the agreement was fair and reasonable, considering the interests of both the employees and the employer, and it met all necessary legal standards. As a result, the Court approved the Queensland Rail Train Control Enterprise Agreement 2020. The Court's decision was based on its determination that the agreement provided for the proper operation of the enterprise and was in line with relevant laws and policies. The final orders included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the relevant employees within 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