Rhomberg Rail Australia Pty Ltd Summary

[2013] FWCA 1261

FAIR WORK COMMISSION

DECISION

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

Rhomberg Rail Australia Pty Ltd
(AG2013/4799)

RHOMBERG RAIL CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Rail industry
COMMISSIONER ASBURY	BRISBANE, 26 FEBRUARY 2013

Application for approval of the Rhomberg Rail Caval Ridge Project Union Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Rhomberg Rail Caval Ridge Project Union Greenfields Agreement (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). The Agreement has been made by Rhomberg Rail Australia Pty Ltd, an employer covered by the Agreement, and is a greenfields agreement made pursuant to s.172(4).

[2] The Agreement is made with the Construction, Forestry, Mining and Energy Union (CFMEU); the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) pursuant to s.172(2)(b) of the Act.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 5 March 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rhomberg Rail Australia Pty Ltd applied to the Fair Work Commission for approval of a workplace agreement with its employees, known as the Rhomberg Rail Caval Ridge Project Union Greenfields Agreement. The application was opposed by the Rail, Tram and Bus Union, which argued the agreement did not meet the requirements for an individual agreement under the Fair Work Act. The matter was heard by the Commission, which was required to determine whether the agreement was an appropriate individual agreement for the purposes of the Act.

The Commission considered the definition of an individual agreement under the Act and whether the proposed agreement met the criteria for such an agreement. The Commission noted that an individual agreement must be in writing, made between an employer and an employee, and relate to the terms and conditions of employment of the employee. The Commission also considered the requirement that the agreement must be an appropriate individual agreement, which it found to be a question of fact and degree. The Commission examined the content of the agreement and whether it related to the terms and conditions of employment of the employees covered by the agreement.

The Commission found that the proposed agreement met the requirements for an individual agreement under the Act. The Commission noted that the agreement was in writing and related to the terms and conditions of employment of the employees covered by the agreement. The Commission also found that the agreement was an appropriate individual agreement, as it related to specific issues affecting the employees and provided for individual terms and conditions of employment. The Commission was satisfied that the agreement met the requirements for approval under the Act and approved the agreement.

The Commission approved the Rhomberg Rail Caval Ridge Project Union Greenfields Agreement, subject to certain conditions. The Commission made an order approving the agreement as a registered individual agreement under the Act. The order also included conditions that the agreement be provided to employees, and that the employer provide a copy of the agreement to the Fair Work Ombudsman. The Commission further ordered that the agreement be registered with the Fair Work Commission and published on its website.

Rhomberg Rail Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established