DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rhomberg Rail Australia Pty Ltd
(AG2018/4948)

RHOMBERG RAIL AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2018-2021

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Rhomberg Rail Australia Pty Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Rhomberg Rail Australia Pty Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rhomberg Rail Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Rail Tram and Bus Industry Union 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.

[6] The Agreement was approved on 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 14 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rhomberg Rail Australia Pty Ltd, represented by its employees through the Rail, Tram and Bus Industry Union, sought approval of an enterprise agreement. The application was heard in the Fair Work Commission. The nature of the dispute was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically concerning the terms and conditions for employees working on the Melbourne Metro Tunnel Project.

The key legal issues before the Commission were whether the proposed agreement adequately addressed the bargaining requirements of the Act, the fairness of the terms, and if the process by which the agreement was reached complied with the statutory obligations. The Commission had to determine if the agreement was genuinely negotiated, if it met the "better off overall test" and if it provided for the proper regulation of the terms and conditions of employment.

The Commission found that the agreement was genuinely negotiated and met the statutory requirements. It determined that the proposed agreement provided employees with a better overall package compared to the applicable awards and regulations, thereby satisfying the "better off overall test". The Commission was satisfied that the terms of the agreement were fair and reasonable, and that the process of reaching the agreement was compliant with the Act. As a result, the Commission approved the Rhomberg Rail Australia Pty Ltd Enterprise Agreement 2018-2021.

Rhomberg Rail Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established