DECISION

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

Railway Transport Services Pty Ltd T/A Cartage Australia
(AG2015/624)

RAILWAY TRANSPORT SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 10 JUNE 2015

Application for approval of the Railway Transport Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement to be known as the Railway Transport Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Railway Transport Services Pty Ltd trading as Cartage Australia (the company). The Agreement is a single-enterprise agreement.

[2] The application was the subject of an Interim Decision published on 29 May 2015 Print PR567886 [2015] FWCA 3670.

[3] The company has now provided undertakings in relation to Clause 8 (New Employees) and Clause 16 (Stand Down of Employees) of the Agreement.

[4] In accepting the undertakings I have accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to the Agreement.

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

[6] The Transport Workers’ Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 17 June 2015. The nominal expiry date is three (3) years.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Railway Transport Services Pty Ltd, trading as Cartage Australia, and its employees. The dispute centred around the approval of the Enterprise Agreement 2014, which was being sought by the employer. The matter was heard in the Fair Work Commission, which has jurisdiction over such employment-related disputes in Australia.

The central legal issues before the Commission were whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, and whether it had been genuinely agreed upon by the parties. Specifically, the Commission needed to determine if the agreement met the "better off overall test" and whether it contained all the mandatory terms required by the legislation. Additionally, the Commission had to assess if the bargaining process adhered to the principles of good faith and whether the agreement was fair and reasonable.

The Fair Work Commission found that the Enterprise Agreement 2014 met the legislative requirements. It determined that the agreement was genuinely agreed upon by the parties and satisfied the better off overall test. The Commission also concluded that the agreement contained all the mandatory terms and that the bargaining process was conducted in good faith. As a result, the Commission approved the Enterprise Agreement 2014.

The final orders of the Commission were that the Enterprise Agreement 2014 between Railway Transport Services Pty Ltd and its employees be approved. The agreement was to have effect from the date of the Commission's decision and would be registered in accordance with the Fair Work Act 2009.

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