DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rail Commissioner
(AG2019/1660)

RAIL COMMISSIONER MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2019

Application for approval of the Rail Commissioner Maintenance Employees Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Rail Commissioner Maintenance Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Rail Commissioner.

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

[3] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Electrical Energy and Services Division SA Branch were bargaining representatives for the Agreement and 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Rail Commissioner Maintenance Employees Enterprise Agreement 2019. The applicant, the Rail Commissioner, sought the court's endorsement of the proposed agreement which was to govern the employment conditions of maintenance employees within the rail industry. The opposition came from several employees who raised concerns regarding certain provisions of the agreement.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the applicable provisions of the Fair Work Act 2009. This included examining whether the agreement met the procedural requirements for approval, such as proper notification and consultation, and whether it contained mandatory terms that were not in breach of the Act. Additionally, the court needed to determine if the agreement was fair and reasonable, considering the interests of both the employees and the employer.

The court found that the Rail Commissioner had fulfilled the necessary procedural requirements for the approval of the enterprise agreement. It was established that the employer had provided adequate notification and had engaged in genuine consultation with the employees. Regarding the substantive fairness of the agreement, the court concluded that while some employees had raised legitimate concerns, the overall terms of the agreement were fair and reasonable. The court held that the benefits provided by the agreement, such as improved working conditions and wages, outweighed the concerns expressed. Consequently, the court approved the Rail Commissioner Maintenance Employees Enterprise Agreement 2019.

The final orders of the court mandated the approval and registration of the enterprise agreement, subject to its implementation in accordance with the terms set out in the agreement. The employees who had opposed the agreement were directed to abide by its provisions, while the Rail Commissioner was authorised to enforce the agreement against the employees.

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