Rail Commissioner

[2013] FWCA 7110

FAIR WORK COMMISSION

DECISION

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

Rail Commissioner
(AG2013/9308)

RAIL COMMISSIONER INFRASTRUCTURE EMPLOYEES ENTERPRISE AGREEMENT 2012

Passenger vehicle transport (non rail) industry
COMMISSIONER CARGILL	SYDNEY, 23 SEPTEMBER 2013

Application for approval of the Rail Commissioner Infrastructure Employees Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner Infrastructure Employees Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Rail Commissioner. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) and the Australian Rail, Tram and Bus Industry Union (RTBU), each being a bargaining representative for the Agreement, have 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 each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2013. The nominal expiry date is 1 July 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Rail Commissioner, the applicant sought the approval of the Rail Commissioner Infrastructure Employees Enterprise Agreement 2012. The applicant, the Rail Commissioner, is responsible for ensuring the safety, efficiency, and effectiveness of the rail industry in the state. The dispute arose due to disagreements over the terms and conditions of employment for rail workers, specifically those employed in infrastructure-related roles. The matter was heard in the Fair Work Commission of Australia, which has jurisdiction over matters concerning employment agreements and industrial relations.

The central legal issue before the court was whether the terms of the proposed enterprise agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The court had to determine if the agreement met the requirements of being a "better off overall test" (BOOT) and if it provided fair and reasonable terms for the employees while also ensuring the safety and efficiency of the rail industry. Additionally, the court considered whether the agreement appropriately balanced the interests of the employees, the employer, and the broader public.

The Fair Work Commission found that the proposed enterprise agreement met the requirements of the BOOT and was fair and reasonable for the employees. The court emphasised that the agreement provided for appropriate safety measures, reasonable working hours, and adequate remuneration for the employees. Furthermore, the court noted that the agreement balanced the interests of the employees, the employer, and the broader public by ensuring the safety, efficiency, and effectiveness of the rail industry. Consequently, the court approved the Rail Commissioner Infrastructure Employees Enterprise Agreement 2012.

The Fair Work Commission approved the Rail Commissioner Infrastructure Employees Enterprise Agreement 2012, effective from the date of the decision. This approval ensures that the terms and conditions of employment for rail workers in infrastructure-related roles are fair, reasonable, and compliant with the relevant provisions of the Fair Work Act 2009. The agreement now serves as a binding contract between the Rail Commissioner and the employees, providing a framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established