DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rail Commissioner
(AG2016/7625)

RAIL COMMISSIONER RAIL OPERATIONS ENTERPRISE AGREEMENT 2016

Rail industry
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2017

Application for approval of the Rail Commissioner Rail Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner Rail Operations Enterprise Agreement 2016 (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] 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. 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.

[3] 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.

[4] The Agreement was approved on 20 January 2017 and, in accordance with s.54, will operate from 27 January 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Rail Commissioner sought approval of the Rail Commissioner Rail Operations Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, with the Commissioner arguing that the agreement provided for appropriate terms and conditions of employment for rail operations staff. The union representing the employees contested the agreement, arguing that it did not adequately protect employee entitlements and conditions.

The key legal issue before the Commission was whether the agreement provided for appropriate terms and conditions of employment for rail operations staff. The Commission considered whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement provided for appropriate protections for employee entitlements and conditions.

The Commission found that the agreement provided for appropriate terms and conditions of employment for rail operations staff. The Commission noted that the agreement provided for reasonable working hours, appropriate levels of pay and conditions, and adequate protections for employee entitlements and conditions. The Commission also found that the agreement was fair and reasonable in all its terms, and approved the agreement. The union's objections were dismissed.

No further orders were made by the Commission.

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