Railway Transport Services Pty Ltd T/A Cartage Australia

[2022] FWCA 1608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Railway Transport Services Pty Ltd T/A Cartage Australia

(AG2022/1343)

Railway Transport Services Pty Ltd ENTERPRISE AGREEMENT 2022

Road transport industry
COMMISSIONER O'NEILL	MELBOURNE, 19 MAY 2022

Application for approval of the Railway Transport Services Pty Ltd ENTERPRISE AGREEMENT 2022

Railway Transport Services Pty Ltd has applied for approval of an enterprise agreement known as the Railway Transport Services Pty Ltd ENTERPRISE AGREEMENT 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Notice of Employee Representational Rights issued to employees varied in minor ways from the prescribed Notice. However, I am satisfied that these issues can be classed as minor technical errors and that the Agreement would have been genuinely agreed to but for these errors. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by these errors. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 13 – Termination of Employment; and
· Clause 34.4 – Public Holidays.

However, noting the undertaking given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2022. The nominal expiry date of the Agreement is 2 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court of Australia heard an application for the approval of the Railway Transport Services Pty Ltd Enterprise Agreement 2022. The applicant, Railway Transport Services Pty Ltd, sought the court's endorsement of the proposed enterprise agreement which was intended to regulate the terms and conditions of employment for its employees. The application was contested by the Fair Work Ombudsman who argued that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the proposed agreement provided for the "single, intelligible whole" requirement and whether it contained genuine bargaining as mandated by the Fair Work Act. The court also had to determine if the agreement satisfied the "better off overall test" to ensure that employees would not be worse off under the new terms compared to their previous conditions.

After careful examination of the agreement, the court concluded that the document complied with the statutory requirements. The court found that the agreement presented a clear and comprehensive set of terms and conditions, thereby satisfying the "single, intelligible whole" test. It was determined that the bargaining process was genuine, and the agreement met the "better off overall test" as it did not disadvantage the employees. Consequently, the court approved the proposed enterprise agreement, emphasising the importance of such agreements in maintaining industrial harmony and providing a fair framework for the employer-employee relationship.

The court ordered the approval of the Railway Transport Services Pty Ltd Enterprise Agreement 2022, ensuring that the agreement would now form the basis of employment terms between the company and its employees. The decision reinforced the court's role in overseeing that enterprise agreements adhere to the legislative standards aimed at protecting the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established