DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rail Commissioner
(AG2018/542)

RAIL COMMISSIONER TRAM OPERATIONS ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 JUNE 2018

Application for approval of the Rail Commissioner Tram Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner Tram Operations Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rail Commissioner. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Rail, Tram and Bus Industry Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Rail Commissioner applied to the Fair Work Commission for the approval of the Rail Commissioner Tram Operations Enterprise Agreement 2018. The Rail Commissioner sought to have the agreement approved under section 230 of the Fair Work Act 2009 as a low-paid industry agreement, in the absence of a majority of the employees covered by the agreement voting against the approval. The employees opposed the application.

The issue for the Commission was whether the Rail Commissioner had satisfied the requirements of section 230 of the Act, in particular whether a majority of the employees had not voted against the agreement, and whether the agreement met the low-paid threshold. The Commission found that the Rail Commissioner had met the requirements of the Act, and the agreement was approved.

The Commission held that the Rail Commissioner had satisfied the requirements of section 230 of the Act. There was no evidence of a majority of the employees voting against the agreement. The Commission also held that the agreement met the low-paid threshold. The Commission noted that the employees were predominantly low-paid, and the agreement contained provisions that were no less favourable than the applicable awards or registered agreements. The agreement was approved as a low-paid industry agreement.

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