DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Railquip Pty Ltd T/A Railquip Pty Ltd
(AG2020/244)

RAILQUIP PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 FEBRUARY 2020

Application for approval of the Railquip Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Railquip Pty Ltd Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 March 2020. The nominal expiry date of the Agreement is 24 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Railquip Pty Ltd, trading as Railquip, applied to the Fair Work Commission for approval of the Railquip Pty Ltd Enterprise Agreement 2020-2024. The agreement was made between Railquip, as the employer, and various unions representing the employees, as the employees. The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly focusing on the process of bargaining and the terms of the agreement. The Fair Work Commission was tasked with determining if the agreement was fairly and genuinely negotiated and if it adhered to the provisions of the Act.

The legal issues before the Commission included whether the bargaining process was conducted in good faith, whether the agreement's terms were consistent with the requirements of the Act, and whether the agreement contained any unlawful provisions. The unions argued that the bargaining process was flawed, and some terms of the agreement were unfair. Railquip, on the other hand, maintained that the bargaining process was genuine and that the agreement was fair and lawful.

The Fair Work Commission examined the evidence provided by both parties and considered the principles of good faith bargaining and the statutory requirements for enterprise agreements. The Commission found that the bargaining process was conducted in good faith, and the agreement was fairly and genuinely negotiated. The Commission also found that the terms of the agreement complied with the requirements of the Act, and there were no unlawful provisions. Consequently, the Commission approved the agreement, finding that it met the necessary legal standards for approval.

The Fair Work Commission's final order was to approve the Railquip Pty Ltd Enterprise Agreement 2020-2024, recognising it as a lawful and binding agreement between the parties. The Commission's decision confirmed the validity of the agreement and its terms, allowing it to be implemented between Railquip and the relevant unions.

Railquip Pty Ltd T/A Railquip 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