DECISION

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

Queensland Rail Transit Authority T/A Queensland Rail
(AG2020/2560)

QUEENSLAND RAIL STATION OPERATIONS ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER SPENCER	BRISBANE, 14 SEPTEMBER 2020

Application for approval of the Queensland Rail Station Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Rail Station Operations 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), and the Australian Municipal, Administrative, Clerical and Services Union (the ASU) (being bargaining representatives for the Agreement) were sought regarding the undertakings. The RTBU, ASU, 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 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 the 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 matter before the Fair Work Commission concerned an application for the approval of the Queensland Rail Station Operations Enterprise Agreement 2020, with the applicant being the Queensland Rail Transit Authority trading as Queensland Rail. The dispute involved the terms and conditions of employment for station operations employees within Queensland Rail, specifically focusing on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement was fair and reasonable, taking into account various statutory and common law principles.

The central legal issues before the Commission revolved around whether the agreement complied with the requirements set forth in the Fair Work Act, particularly whether it contained appropriate provisions for minimum wages, penalty rates, leave entitlements, and other essential employment conditions. Additionally, the Commission had to determine if the agreement had been made in good faith and whether it appropriately balanced the interests of both employees and employers. The negotiation process and the content of the agreement were also scrutinized to ensure they met the standards of procedural fairness.

The Commission found that the agreement largely met the statutory requirements for approval. It concluded that the agreement contained appropriate provisions for minimum wages, penalty rates, and leave entitlements, and that these terms were fair and reasonable. The Commission was satisfied that the agreement had been made in good faith and that the negotiation process was procedurally fair. It noted that the agreement balanced the interests of both parties appropriately and provided adequate protections for employees. Consequently, the Commission approved the Queensland Rail Station Operations Enterprise Agreement 2020, determining that it was fit for registration.

The Commission ordered that the Queensland Rail Station Operations Enterprise Agreement 2020 be registered, effective from the date of the decision. The registration of the agreement means that it is now legally binding between Queensland Rail and the employees covered by the agreement. The approval process and the terms of the agreement were deemed to be in compliance with the Fair Work Act, ensuring that both parties’ rights and obligations are properly defined and protected.

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