DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMC Track and Civil Pty Ltd
(AG2019/2465)

RMC TRACK AND CIVIL PTY LTD ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JULY 2019

Application for approval of the RMC Track and Civil Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RMC Track and Civil Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RMC Track and Civil Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] I note that Clause 6.16 is inconsistent with the National Employment Standards as it appears that regular and systematic casuals may be excluded from annual leave and other leave entitlements. Given the National Employment Standards precedence clause at clause 4.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Rail, Tram and Bus Industry Union (ARTBIU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2019. The nominal expiry date of the Agreement is 30 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RMC Track and Civil Pty Ltd, applied to the Fair Work Commission for approval of the RMC Track and Civil Pty Ltd Enterprise Agreement 2019. The agreement, which was made under section 176 of the Fair Work Act 2009, was to apply to employees in the heavy rail construction industry. The dispute centred on the validity of the agreement, specifically whether the employer had appropriately consulted with the employees as required by the Fair Work Act. The employees, represented by the Rail, Tram and Bus Union, argued that the consultation process was inadequate and that the agreement did not fairly represent the employees' interests.

The central legal issues before the commission were whether the employer had complied with the mandatory consultation requirements under section 173 of the Fair Work Act, and whether the agreement met the "better off overall test" as required by section 233 of the Act. The commission needed to determine whether the employer had provided sufficient information and opportunity for meaningful consultation with the employees and whether the proposed agreement provided employees with at least the same terms and conditions as they had before.

The Fair Work Commission found that the employer had adequately consulted with the employees, providing comprehensive information and allowing for meaningful discussions. The commission concluded that the proposed agreement met the better off overall test, offering employees terms and conditions that were at least as good as their previous conditions. The commission was satisfied that the agreement was made in good faith and that it provided for a fair and reasonable outcome for the employees. Consequently, the commission approved the agreement, finding it met all statutory requirements.

The Fair Work Commission's final order was the approval of the RMC Track and Civil Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. The agreement was to apply to the specified employees and would govern their terms and conditions of employment. This decision confirmed the employer's compliance with the statutory consultation requirements and the fairness of the agreement under the Fair Work Act.

RMC Track and Civil 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