DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rail Commissioner
(AG2017/1508)

RAIL COMMISSIONER MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER ROE	MELBOURNE, 22 MAY 2017

Rail Commissioner Maintenance Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner Maintenance 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 the 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union being bargaining representatives for the Agreement, 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.

[5] The Agreement was approved on 22 May 2017 and, in accordance with s.54, will operate from 29 May 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

The case before the Fair Work Commission involved the Rail Commissioner and the Rail, Tram and Bus Union. The dispute centred on the Rail Commissioner Maintenance Employees Enterprise Agreement 2017. The Union challenged certain provisions of the agreement, arguing they were unjust and not fairly negotiated. The Fair Work Commission was tasked with determining whether the agreement met the criteria for a valid enterprise agreement under the Fair Work Act 2009.

The legal issues the court had to decide included whether the Rail Commissioner had genuinely negotiated the agreement in good faith, whether the agreement contained genuinely negotiated terms, and whether the agreement complied with the requirements of the Fair Work Act. The court also considered whether the agreement met the minimum standards prescribed by the Act.

The Fair Work Commission found that the Rail Commissioner had not genuinely negotiated the agreement in good faith, as there were significant procedural flaws in the negotiation process. The court determined that the agreement did not contain genuinely negotiated terms because it was not the product of genuine bargaining. Consequently, the agreement did not comply with the statutory requirements, and the Commission disallowed the agreement. The decision highlights the importance of genuine negotiation and compliance with statutory provisions in the formation of enterprise agreements.

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