DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMC Track Protection Services Pty Ltd
(AG2018/6092)

RMC TRACK PROTECTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER GREGORY	MELBOURNE, 21 MARCH 2019

Application for approval of the RMC Track Protection Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RMC Track Protection Services Pty Ltd Enterprise Agreement 2018 (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 Protection Services 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2019. The nominal expiry date of the Agreement is 20 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RMC Track Protection Services Pty Ltd applied to the Fair Work Commission for approval of their 2018 Enterprise Agreement, which was to be registered under the Fair Work Act 2009. The dispute involved the terms of the agreement and whether they met the legal requirements for approval under Australian labour law.

The central legal issues the court needed to address were whether the agreement was made in good faith and whether it complied with the provisions of the Fair Work Act, particularly regarding minimum wages, penalty rates, and other employment conditions. The court had to consider submissions from both the company and the union representatives, as well as the implications of the agreement on employees' rights and obligations.

The Fair Work Commission found that the agreement was made in good faith and met the requirements of the Act. The commission noted that the agreement provided for fair and reasonable terms, including appropriate wage rates and conditions, and that there was no evidence of any unfair or coercive practices in the agreement's negotiation. The commission also determined that the agreement did not contravene any provisions of the Act. Consequently, the court approved the 2018 Enterprise Agreement between RMC Track Protection Services Pty Ltd and the relevant union.

The final orders of the court were that the RMC Track Protection Services Pty Ltd Enterprise Agreement 2018 be registered under the Fair Work Act, effective from the date of the decision. The court directed that the agreement would apply to all employees covered by it, and that both the company and the union were bound by its terms. The decision also noted that any disputes arising under the agreement would be dealt with according to the processes outlined within the agreement itself.

RMC Track Protection Services 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