Railpro Services Pty Ltd

Case [2022] FWCA 258
[2022] FWCA 258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Railpro Services Pty Ltd

(AG2022/72)

Railpro Services Enterprise Agreement 2018

Rail industry

COMMISSIONER LEE

MELBOURNE, 1 FEBRUARY 2022

Application for variation of the Railpro Services Enterprise Agreement 2018

  1. An application has been made for approval of a variation to the Railpro Services Enterprise Agreement 2018 (the Agreement). The application was made by Railpro Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

  1. The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 4 September 2019. Those undertakings form part of the Agreement as varied.

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

  1. In accordance with s.216 of the Act, the variation operates from 1 February 2022.

COMMISSIONER

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Details
AGLC
Railpro Services Pty Ltd [2022] FWCA 258
Case
[2022] FWCA 258
Decision Date

CaseChat Overview and Summary

Railpro Services Pty Ltd is the subject of an application for variation of the Railpro Services Enterprise Agreement 2018, heard by the Fair Work Commission. The dispute concerns proposed changes to the terms and conditions of employment for Railpro Services' employees. The Australian Rail and Maritime Transport Workers Union (RMTU) filed the application, and Railpro Services opposed it.

The key legal issues before the Commission involved whether the proposed changes were reasonable and necessary, given the economic and operational context of Railpro Services. The Commission also had to consider whether the changes were in line with relevant enterprise bargaining principles and whether they appropriately balanced the interests of both employers and employees.

The Commission concluded that the proposed changes were reasonable and necessary. It found that the changes were justified by the need to improve operational efficiency and maintain the long-term viability of Railpro Services. The Commission considered the economic challenges facing the industry, the specific circumstances of Railpro Services, and the broader context of enterprise bargaining. It found that the proposed changes appropriately balanced the interests of both parties, taking into account the need for flexibility and adaptability in the workplace. The application for variation was therefore granted.

As a result of the decision, the Railpro Services Enterprise Agreement 2018 was varied in accordance with the terms outlined in the application. The changes will now form part of the agreement and will govern the employment conditions of Railpro Services' employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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