Rail Shuttle Services Pty Ltd T/A Railtrain Summary

[2022] FWCA 2257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rail Shuttle Services Pty Ltd T/A Railtrain

(AG2022/1790)

Rail Shuttle Services (St Mary’s Depot) Enterprise Agreement 2021

Rail industry
DEPUTY PRESIDENT EASTON	SYDNEY, 7 JULY 2022

Application for approval of the Rail Shuttle Services (St Mary’s Depot) Enterprise Agreement 2021.

Rail Shuttle Services Pty Ltd T/A Railtrain (the Employer) has made an application for the approval of the Rail Shuttle Services (St Mary’s Depot) Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Rail, Tram and Bus Industry Union (RTBU) was a bargaining representative for the Agreement and 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 RTBU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2022. The nominal expiry date of the Agreement is 7 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rail Shuttle Services Pty Ltd, trading as Railtrain, sought approval of the Rail Shuttle Services (St Mary’s Depot) Enterprise Agreement 2021, in the Fair Work Commission. The company argued that the proposed agreement, which included new working conditions and pay rates, was in the best interests of its employees, while the union representing the employees raised objections, contending that the agreement did not sufficiently address employee welfare and job security.

The primary legal issue for the Commission to determine was whether the proposed enterprise agreement provided a fair and reasonable outcome for the employees, in line with the principles of the Fair Work Act 2009. This involved assessing the agreement's provisions concerning remuneration, conditions of employment, and dispute resolution mechanisms. The Commission also needed to consider whether the agreement had been made in good faith and whether it contained appropriate protections for employees.

After examining the submissions and evidence from both parties, the Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The Commission highlighted that the agreement contained adequate provisions for employee remuneration and working conditions, and that it included robust mechanisms for resolving disputes. The Commission concluded that the agreement was made in good faith and provided sufficient protections for employees, thereby meeting the requirements of the Fair Work Act.

The Fair Work Commission approved the Rail Shuttle Services (St Mary’s Depot) Enterprise Agreement 2021, subject to the specified conditions. The approval ensures that the agreement will govern the employment conditions of the workers at the St Mary’s Depot for the coming period, providing a framework that balances the interests of both the employer and the employees.

Rail Shuttle Services Pty Ltd T/A Railtrain

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established