DECISION

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

Railway Transport Services Pty Ltd T/A Cartage Australia
(AG2018/5156)

RAILWAY TRANSPORT SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 19 MARCH 2019

Application for approval of the Railway Transport Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Railway Transport Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Railway Transport Services Pty Ltd t/a Cartage Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Transport Workers Union of Australia (TWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 18 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Railway Transport Services Pty Ltd, trading as Cartage Australia, applied to the Fair Work Commission for the approval of the Railway Transport Services Pty Ltd Enterprise Agreement 2018. The matter was heard by Deputy President C.J. Smith, who was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement provided for the mandatory terms as stipulated in the Act. This included ensuring that the agreement did not adversely affect employees' rights or entitlements, and that it was fair and reasonable. The court also needed to verify if the agreement was made in good faith and if the requisite procedural fairness was observed during its negotiation and making.

The court found that the agreement complied with the statutory requirements, as it provided for the mandatory terms without diminishing employees' rights or entitlements. It was concluded that the agreement was fair and reasonable, and that it was made in good faith. The court noted that procedural fairness was maintained throughout the negotiation and making of the agreement, with all necessary steps and consultations undertaken. Consequently, the Deputy President approved the agreement.

The final orders of the court were that the Railway Transport Services Pty Ltd Enterprise Agreement 2018 be approved under section 233 of the Fair Work Act 2009. This approval ensures that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the parties involved.

Railway Transport Services Pty Ltd T/A Cartage Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established