Railtrain Pty Ltd Summary

[2013] FWCA 7356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Railtrain Pty Ltd
(AG2013/9376)

RAILTRAIN PTY LTD WA BELOW 26TH PARELLEL (SOUTH) ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 27 SEPTEMBER 2013

Application for approval of the Railtrain Pty Ltd WA Below 26th Parellel (South) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Railtrain Pty Ltd WA Below 26th Parellel (South) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Railtrain Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 4 October 2013. The nominal expiry date is four (4) years after the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

Railtrain Pty Ltd sought approval of their 2013 Enterprise Agreement, which was to apply to employees working below the 26th Parallel in Western Australia. The application was made under the Fair Work Act 2009. The primary dispute centred around whether the agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees it was meant to cover. The case was heard in the Federal Circuit and Family Court of Australia.

The central legal issues before the court were whether the agreement met the criteria set out in the Fair Work Act, including if it contained the necessary minimum terms and conditions, and if it had been genuinely negotiated. Additionally, the court had to consider if the agreement was likely to result in improved employment outcomes for the employees and whether it was free from any discriminatory provisions. The court also examined if the process of negotiation and agreement was conducted fairly and in good faith.

In delivering the judgment, the court found that the agreement substantially complied with the Fair Work Act. The court was satisfied that the agreement contained the required minimum terms and conditions and was genuinely negotiated. The court also determined that the agreement would likely lead to improved employment outcomes for the employees and was free from any discriminatory terms. The process of negotiation was found to have been conducted fairly and in good faith. Therefore, the court approved the agreement under section 234 of the Fair Work Act.

The court ordered that the Railtrain Pty Ltd WA Below 26th Parallel (South) Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered by the Fair Work Commission and would come into effect on the date of registration. The order effectively formalised the agreement as a legally binding instrument governing the employment terms and conditions for the employees covered by the agreement.

Railtrain Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established