DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rail Commissioner
(AG2019/1643)

RAIL COMMISSIONER INFRASTRUCTURE EMPLOYEES ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2019

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

[1] Application has been made for approval of an enterprise agreement known as the Rail Commissioner Infrastructure 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 Australian Rail Tram & Bus Industry Union South Australian/Northern Territory 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 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Rail Commissioner and the Rail, Tram and Bus Union. The dispute related to the application for approval of the Rail Commissioner Infrastructure Employees Enterprise Agreement 2019. The Fair Work Commission was the court in this matter. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The central legal issue the Commission had to resolve was whether the agreement was a "genuine" agreement, as required by section 230 of the Fair Work Act. This involved examining whether the agreement had been made freely and fairly, without any duress or coercion, and whether it contained all the terms of the agreement as agreed upon by the parties. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act, specifically ensuring that the union had the authority to enter into the agreement on behalf of its members.

The Commission determined that the agreement was genuine and had been made without any undue influence or coercion. The agreement contained all the terms as agreed upon by the parties, and there was evidence that both parties had engaged in good faith negotiations. The Commission also found that the union had the authority to enter into the agreement on behalf of its members, as required by the Fair Work (Registered Organisations) Act. The agreement was therefore approved by the Commission.

The Fair Work Commission approved the Rail Commissioner Infrastructure Employees Enterprise Agreement 2019, finding it to be a genuine agreement that met all legal requirements. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been made freely and fairly, contained all the agreed terms, and was in compliance with the relevant legislation.

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