DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Railtrain Pty Ltd
(AG2016/2116)

RAILTRAIN PTY LTD RAIL CONSTRUCTION PILBARA ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2016

Application for approval of the Railtrain Pty Ltd Rail Construction Pilbara Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Railtrain Pty Ltd Rail Construction Pilbara 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 Railtrain Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2016. The nominal expiry date of the Agreement is 28 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Railtrain Pty Ltd recently applied to the Fair Work Commission for approval of the Railtrain Pty Ltd Rail Construction Pilbara Enterprise Agreement 2016. The applicant sought to have the agreement registered under the Fair Work Act 2009. The nature of the dispute involved whether the agreement met the criteria for approval as a simple, streamlined or greenfields agreement, and if it complied with the relevant provisions of the Act.

The legal issues before the Commission included whether the agreement was a simple agreement, which is defined as an agreement that does not contain provisions on wages and conditions that are not in accordance with the national system of wages and conditions, and whether it contained all the required terms. The Commission also needed to determine if the agreement complied with the procedural fairness requirements, including whether proper consultation had occurred and if the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement was a simple agreement and contained all the required terms. It concluded that the agreement complied with the procedural fairness requirements, including proper consultation and that the agreement was in the best interests of the employees. The Commission approved the agreement, noting that the parties had demonstrated a willingness to negotiate and reach an agreement that was in the best interests of the employees. The Commission also highlighted the importance of such agreements in facilitating the delivery of infrastructure projects in regional areas.

The Fair Work Commission approved the Railtrain Pty Ltd Rail Construction Pilbara Enterprise Agreement 2016. The decision reinforces the importance of proper consultation and negotiation in reaching agreements that are in the best interests of employees and facilitate the delivery of infrastructure projects in regional areas.

Railtrain 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