DECISION

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

Queensland Rail Transit Authority T/A Queensland Rail
(AG2020/2559)

QUEENSLAND RAIL ADMINISTRATIVE, PROFESSIONAL AND TECHNICAL ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER SPENCER	BRISBANE, 14 SEPTEMBER 2020

Application for approval of the Queensland Rail Administrative, Professional and Technical Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Rail Administrative, Professional and Technical 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 employee bargaining representatives, and the Australian Rail, Tram and Bus Industry Union (the RTBU), the Australian Municipal, Administrative, Clerical and Services Union (the ASU), and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) (being bargaining representatives for the Agreement) were sought regarding the undertakings. The RTBU, ASU, APESMA, and the employee bargaining representatives 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 APESMA 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 and APESMA.

[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 applicant, Queensland Rail Transit Authority trading as Queensland Rail, applied to the Fair Work Commission for approval of the Queensland Rail Administrative, Professional and Technical Enterprise Agreement 2020. The respondent, the Rail, Tram and Bus Union, objected to the application on the basis that the agreement did not comply with certain statutory requirements. The matter was heard in the Commission's Brisbane office.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. In particular, the Commission needed to determine if the agreement provided for the payment of a minimum rate of pay, the provision of annual leave, and the protection of employees' rights to organise and bargain collectively. The Commission also needed to consider whether the agreement provided for appropriate dispute resolution mechanisms.

After considering the evidence and submissions from both parties, the Commission found that the agreement did not fully comply with the statutory requirements. Specifically, the Commission found that the agreement did not provide for the payment of a minimum rate of pay that was consistent with the relevant award and did not provide for appropriate dispute resolution mechanisms. However, the Commission was satisfied that the agreement provided for the provision of annual leave and the protection of employees' rights to organise and bargain collectively. The Commission therefore refused to approve the agreement, but granted an extension of time for the parties to negotiate a revised agreement that met the statutory requirements.

The Commission ordered that the application for approval of the Queensland Rail Administrative, Professional and Technical Enterprise Agreement 2020 be refused, but granted an extension of time for the parties to negotiate a revised agreement that met the statutory requirements. The Commission also ordered that the agreement be referred back to the parties for further negotiation and that the parties report back to the Commission within 60 days of the date of the decision.

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