DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rail Road Transport Pty Ltd
(AG2014/10417)

RAILROAD (CLIPSAL 500) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 14 JANUARY 2015

Application for approval of the Railroad (Clipsal 500) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Railroad (Clipsal 500) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rail Road Transport Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 12 January 2015 an undertaking was provided by Ms T Cassidy, the Company’s HR Coordinator, in relation to clause 3.2 (Casual Employment) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Rail Road Transport Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Railroad (Clipsal 500) Enterprise Agreement 2015. The application was brought forward by the employer, Rail Road Transport Pty Ltd, seeking the Commission’s endorsement of the proposed enterprise agreement that outlines the terms and conditions of employment for its employees. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural fairness and good faith obligations, and whether it contained all the mandatory terms required by the Fair Work Act. The employer argued that the agreement was the result of genuine negotiations and that it contained all the necessary mandatory terms. The employee representative, on the other hand, contended that the agreement did not adequately reflect the interests of the employees and failed to meet certain procedural requirements.

In delivering its decision, the Commission examined the process through which the agreement was negotiated, the content of the agreement itself, and the extent to which it complied with the legislative requirements. The Commission found that while there were procedural shortcomings in the negotiation process, these did not invalidate the agreement. The Commission concluded that the agreement was substantively fair and met the mandatory terms prescribed by the Act, thus deeming it fit for approval. The employer's commitment to rectify any procedural issues in future negotiations was also taken into account.

Accordingly, the Fair Work Commission approved the Railroad (Clipsal 500) Enterprise Agreement 2015, subject to the employer taking specific steps to address the identified procedural deficiencies. The Commission's approval was contingent upon these remedial actions being implemented in a timely manner, ensuring that the agreement would fully comply with the statutory requirements moving forward.

Rail Road Transport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established