Rail Commissioner

[2013] FWCA 4175

FAIR WORK COMMISSION

DECISION

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

Rail Commissioner
(AG2013/6910)

RAIL COMMISSIONER (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2012

Rail industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 JUNE 2013

Application for approval of the Rail Commissioner (Maintenance Employees) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner (Maintenance Employees) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2013. The nominal expiry date of the Agreement is 31 December 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Rail Commissioner, who sought approval of the Rail Commissioner (Maintenance Employees) Enterprise Agreement 2012. The nature of the dispute centred on whether the enterprise agreement, which was negotiated between the Rail Commissioner and the union representing maintenance employees, met the legal requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the provisions regarding the fair and reasonable assessment of the terms and conditions of employment for the relevant employees.

The legal issues that the court had to resolve were primarily whether the agreement fulfilled the statutory criteria for approval under section 234 of the Fair Work Act 2009. This included assessing if the agreement was "freely" and "genuinely" negotiated and if it contained the appropriate terms and conditions that were fair and reasonable for the employees. The court also had to consider if the agreement adequately addressed the interests of the employees and if it complied with other statutory requirements, including those related to minimum entitlements and the process of negotiation.

The court, after examining the submissions from both parties, concluded that the enterprise agreement met the necessary legal standards. It found that the agreement had been genuinely negotiated and that the terms and conditions were fair and reasonable. The court also determined that the agreement provided adequate protections and benefits for the employees, and that it complied with all relevant provisions of the Fair Work Act 2009. Consequently, the court approved the enterprise agreement.

In light of its findings, the court approved the Rail Commissioner (Maintenance Employees) Enterprise Agreement 2012, in accordance with the requirements of section 234 of the Fair Work Act 2009. The agreement was thereby validated, and the terms and conditions it contained became binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established