Rmc Track Protection Services Pty Ltd

[2023] FWCA 2780 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rmc Track Protection Services Pty Ltd

(AG2023/2369)

RMC TRACK PROTECTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 AUGUST 2023

Application for approval of the RMC Track Protection Services Pty Ltd Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the RMC Track Protection Services Pty Ltd Enterprise Agreement 2023 (Agreement).

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. The undertakings are taken to be a term of the Agreement.

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 Australian Rail, Tram and Bus Industry Union, 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 August 2023. The nominal expiry date of the Agreement is 30 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision, RMC Track Protection Services Pty Ltd sought approval for its 2023 Enterprise Agreement. The dispute was brought before the Fair Work Commission, which is responsible for overseeing the approval and enforcement of enterprise agreements in Australia. The agreement was contested by various parties, including employees and potentially other stakeholders, who raised concerns over certain provisions within the agreement.

The primary legal issues before the Commission involved assessing whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the requirements for genuine bargaining, whether it contained the mandated minimum terms and conditions, and if it provided appropriate processes for the resolution of disputes. Additionally, the Commission examined whether the agreement had been made in good faith and without coercion.

After thorough deliberation, the Commission concluded that the 2023 Enterprise Agreement by RMC Track Protection Services Pty Ltd was compliant with the statutory framework. The Commission found that the agreement was the product of genuine bargaining, contained all the necessary minimum terms and conditions, and included appropriate dispute resolution mechanisms. Furthermore, the evidence presented indicated that the agreement was made in good faith, without any undue influence or coercion. Consequently, the Commission approved the Enterprise Agreement, affirming its validity and enforceability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established