Railtrain Pty Ltd

[2013] FWCA 6057

FAIR WORK COMMISSION

DECISION

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

Railtrain Pty Ltd
(AG2013/8452)

RAILTRAIN PTY LTD SA/VIC/TAS/ACT/NSW/QLD/NT ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 27 AUGUST 2013

Application for approval of the Railtrain Pty Ltd SA/VIC/TAS/ACT/NSW/QLD/NT Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Railtrain Pty Ltd SA/VIC/TAS/ACT/NSW/QLD/NT 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 3 September 2013. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Railtrain Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Railtrain Pty Ltd SA/VIC/TAS/ACT/NSW/QLD/NT Enterprise Agreement 2013. The application was brought by Railtrain Pty Ltd, and the primary issue revolved around whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission, in its capacity to ensure that enterprise agreements are fair and meet the necessary standards, was required to examine the terms of the agreement, including wages, conditions, and procedural fairness.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it complied with the requirements of the Fair Work Act, and whether it was fair and reasonable. The Commission had to consider if the agreement contained all the mandated minimum terms and conditions, if it allowed for genuine freedom of choice in the negotiation process, and if it was fair and reasonable for all parties involved. The application for approval was also evaluated in light of any relevant industrial action or disputes that might impact the fairness of the agreement.

After thorough examination, the Fair Work Commission determined that the Railtrain Pty Ltd SA/VIC/TAS/ACT/NSW/QLD/NT Enterprise Agreement 2013 met the necessary criteria for approval. The Commission found that the agreement was genuinely negotiated, contained all the mandated minimum terms and conditions, and was fair and reasonable for all parties involved. The Commission also concluded that the agreement allowed for genuine freedom of choice and did not adversely affect the rights of employees or employers. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established