DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMS Rail (NSW) Pty Ltd
(AG2021/5621)

RMS RAIL (NSW) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 JULY 2021

Application for approval of the RMS Rail (NSW) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the RMS Rail (NSW) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RMS Rail (NSW) 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. The undertakings are taken to be a term of 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 12 July 2021. The nominal expiry date of the Agreement is 5 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RMS Rail (NSW) Pty Ltd, an entity involved in rail services in New South Wales, faced an application to the Fair Work Commission for the approval of the RMS Rail (NSW) Enterprise Agreement 2020. The dispute centered on whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the legal requirements and whether it was in the best interests of the employees.

The legal issues before the Commission included assessing whether the agreement provided for appropriate minimum rates of pay, conditions, and entitlements for employees, as well as whether it facilitated the efficient operation of the business. Additionally, the Commission needed to consider if the agreement was made in good faith and whether it adhered to the procedural fairness and public interest considerations outlined in the Fair Work Act.

In its reasoning, the Commission noted that the proposed agreement contained provisions that met the minimum standards required by the Act. It provided for adequate wages, leave entitlements, and other conditions for employees, which were consistent with industry standards. The Commission also found that the agreement had been made in good faith, and it facilitated the efficient running of RMS Rail's operations. Given these findings, the Commission concluded that the agreement was in the best interests of the employees and approved it under section 232 of the Fair Work Act. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and their alignment with the statutory requirements and broader public interest considerations.

RMS Rail (NSW) 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