DECISION

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

Queensland Rail Transit Authority T/A Queensland Rail
(AG2016/2638)

QUEENSLAND RAIL TRAIN CONTROL ENTERPRISE AGREEMENT 2016

Rail industry
COMMISSIONER SPENCER	BRISBANE, 1 APRIL 2016

Application for approval of the Queensland Rail Train Control Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Rail Train Control Enterprise Agreement 2016 (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 Australian Rail, Tram and Bus Industry Union, and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, 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 these organisations.

[3] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 8 April 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Queensland Rail Transit Authority, trading as Queensland Rail, sought approval of the Queensland Rail Train Control Enterprise Agreement 2016. The application involved an agreement related to the employment conditions of train control employees. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval, particularly regarding its coverage of employees and its compliance with procedural and substantive fairness requirements.

The court was required to decide whether the agreement was genuinely negotiated and covered all employees as specified, and whether the agreement provided for appropriate protections and benefits for employees. Key issues included whether the agreement adequately represented the interests of the employees and whether there was a proper process in place for the negotiation of the agreement. Additionally, the court had to assess whether the agreement contained provisions that were consistent with national employment standards and other relevant laws.

The Fair Work Commission found that the agreement was genuinely negotiated and covered all the specified employees. It concluded that the agreement provided appropriate protections and benefits and complied with the necessary legal standards. The commission noted that the negotiation process was transparent and that the agreement met the requirements for procedural and substantive fairness. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the Queensland Rail Train Control Enterprise Agreement 2016. The decision affirmed the validity of the agreement, ensuring that it would be legally binding on the parties involved and enforceable under the Fair Work Act 2009. This ruling provided clarity and certainty for both Queensland Rail and its employees regarding the terms and conditions of employment as outlined in the agreement.

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