DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Railtrain Services Pty Ltd
(AG2019/4295)

RAIL OPERATIONS QUEENSLAND ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER SIMPSON	BRISBANE, 4 FEBRUARY 2020

Application for approval of the Rail Operations Queensland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rail Operations Queensland Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Railtrain Services Pty Ltd (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] Mr Owen Doogan, Secretary of the Australian Rail, Tram and Bus Industry Union, Queensland Branch (RTBU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the RTBU wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the RTBU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Railtrain Services Pty Ltd applied to the Fair Work Commission for the approval of the Rail Operations Queensland Enterprise Agreement 2019. The applicant, a private company involved in the railway industry, sought to have the agreement, which was reached through negotiations between the company and its employees, officially recognised and enforced. The dispute arose from a disagreement over the terms and conditions of employment outlined in the proposed agreement.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement complied with the provisions concerning bargaining, minimum terms, and procedural fairness. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it had been genuinely negotiated.

The Fair Work Commission concluded that the agreement did not meet the statutory requirements for approval. The Commission found that certain aspects of the agreement were not made in good faith and did not provide for fair and reasonable terms and conditions. Additionally, the Commission identified procedural shortcomings in the negotiation process, which undermined the fairness of the agreement. Consequently, the Commission refused to approve the agreement. The Commission’s decision was grounded in a thorough analysis of the bargaining process and the contents of the agreement, ensuring compliance with legislative standards for enterprise agreements.

Railtrain Services Pty Ltd

DECISION

Appendix A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established