Safeworking Solutions Pty Ltd

[2015] FWCA 8174

[2015] FWCA 8174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Safeworking Solutions Pty Ltd
(AG2015/6047)

SAFEWORKING SOLUTIONS PTY LTD NATIONAL INFRASTRUCTURE AGREEMENT 2015

Rail industry
DEPUTY PRESIDENT SAMS	SYDNEY, 27 NOVEMBER 2015

Application for approval of the Safeworking Solutions Pty Ltd National Infrastructure Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Safeworking Solutions Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Safeworking Solutions Pty Ltd National Infrastructure Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with Australian Rail, Tram and Bus Industry Union (the ‘Union’) and is to cover 100 employees who are engaged in the provision of safety management services in the rail industry.

[2] The employees were last notified of their representational rights on 1 August 2015 and voting for the Agreement’s approval took place between 9 September and 9 October 2015. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot, 10 of the 12 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 4 November 2015. While I note that this falls outside the statutory time limit set by s 185(3)(a), I consider it fair in all the circumstances to extend the time for lodgement to 4 November 2015 (s 185(3)(b)).

[3] In an amended Employer’s Declaration in support of the application (Form F17), Mr J Talbot identified the Rail Industry Award 2010 [MA000015] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Talbotsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instrument and that there are no less beneficial terms. The Agreement provides for enhanced allowances and increases to rates of pay of 5% on approval, then by 5% on 1 July of each year of the nominal trem of the Agreement. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 2 and 21 respectively, and a disputes resolution procedure at clause 6 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 17 November 2015, Mr J Talbot appeared for the applicant. Mr Talbot outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. The Union did not appear, but had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Safeworking Solutions Pty Ltd National Infrastructure Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 1 December 2015 and have a nominal expiry date of 1 July 2017.

DEPUTY PRESIDENT

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