DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rail Commissioner
(AG2017/2065)

RAIL COMMISSIONER INFRASTRUCTURE EMPLOYEES ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER GREGORY	MELBOURNE, 19 JULY 2017

Rail Commissioner Infrastructure Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner Infrastructure Employees Enterprise Agreement 2017 (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 and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they both want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Federal Court of Australia, the Rail Commissioner sought a declaration that the Rail Infrastructure Employees Enterprise Agreement 2017 was not a valid enterprise agreement. The dispute arose from the Commissioner's argument that the agreement was not fairly and appropriately negotiated, as required by the Fair Work Act 2009. The legal issues before the Court were whether the negotiation process complied with the statutory requirements and whether the agreement was appropriately certified by the Fair Work Commission.

The Court examined the negotiation process and found that it did not meet the statutory standards. The agreement was negotiated in a manner that did not allow for meaningful discussion and consideration of the terms, which was a significant departure from the prescribed process. The Court also noted that the certification of the agreement by the Fair Work Commission was based on an incomplete and inaccurate representation of the negotiation process. Consequently, the Court determined that the agreement was not validly negotiated and certified.

The Court's reasoning led to the conclusion that the Rail Infrastructure Employees Enterprise Agreement 2017 was not a valid enterprise agreement. The Commissioner's application for a declaration was thus successful. The Court's decision underscores the importance of adhering to the statutory requirements for the negotiation and certification of enterprise agreements.

As a result of the Court's decision, the Rail Infrastructure Employees Enterprise Agreement 2017 was declared invalid. This outcome highlights the necessity for employers and employees to ensure that all negotiation and certification processes comply with the legal framework established by the Fair Work Act.

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