DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Rail Transit Authority T/A Queensland Rail
(AG2017/387)

QUEENSLAND RAIL TRAINCREW ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER WILSON	MELBOURNE, 30 MARCH 2017

Application for approval of the Queensland Rail Traincrew Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Rail Traincrew Enterprise Agreement 2017 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australia Rail, Tram and Bus Industry Union and the Australian Federated Union of Locomotive Employees being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Queensland Rail Transit Authority trading as Queensland Rail, which sought approval of the Queensland Rail Traincrew Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically whether it met the requirements for "in principle" approval as an enterprise agreement.

The Commission examined the agreement to determine if it provided for the employees' pay and conditions of employment, if it did not include provisions that would have an adverse financial impact on the employer, and if it included the required "good faith" bargaining provisions. The Commission found that the agreement met the legislative criteria and did not contain any provisions that would have an adverse financial impact on Queensland Rail. Additionally, the Commission was satisfied that the agreement was the product of good faith bargaining.

Consequently, the Commission approved the Queensland Rail Traincrew Enterprise Agreement 2017 as an enterprise agreement under the Fair Work Act 2009. The approval was effective from the date the application was lodged, allowing the agreement to be implemented between Queensland Rail and its traincrew employees. The Commission’s decision provided clarity and certainty for both parties regarding the terms and conditions of employment moving forward.

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