DECISION

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

Rail Commissioner
(AG2015/7766)

RAIL COMMISSIONER TRAM OPERATIONS ENTERPRISE AGREEMENT 2015

Rail industry
COMMISSIONER HAMPTON	ADELAIDE, 24 DECEMBER 2015

Application for approval of the Rail Commissioner Tram Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner Tram Operations Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rail Commissioner. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Rail, Tram and Bus Industry Union – South Australian & Northern Territory Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2015. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case before the Fair Work Commission, the Rail Commissioner sought approval of the Rail Commissioner Tram Operations Enterprise Agreement 2015. The application was made under section 231 of the Fair Work Act 2009, which provides a mechanism for approving enterprise agreements that meet certain criteria. The Commission was required to determine whether the agreement met the legislative requirements for approval.

The key legal issues addressed by the Commission involved assessing whether the agreement provided for a direct communication procedure for employees, whether it ensured procedural fairness to employees in the event of a dispute, and whether it provided for the fair and reasonable resolution of any disputes. Additionally, the Commission needed to consider whether the agreement contained provisions that were contrary to public policy.

The Commission found that the agreement contained appropriate provisions for direct communication and procedural fairness, and it was satisfied that the agreement provided for the fair and reasonable resolution of disputes. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy. Therefore, the Commission approved the Rail Commissioner Tram Operations Enterprise Agreement 2015.

The Fair Work Commission approved the Rail Commissioner Tram Operations Enterprise Agreement 2015, finding that it met the legislative requirements for approval. The agreement was deemed to provide for a direct communication procedure for employees, ensure procedural fairness in disputes, and allow for the fair and reasonable resolution of disputes. The Commission also confirmed that the agreement did not contain any provisions that were contrary to public policy.

Rail Commissioner

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established