DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Siemens Rail Automation Pty Ltd T/A Siemens Rail Automation
(AG2016/4606)

SIEMENS RAIL AUTOMATION PTY LTD PORT MELBOURNE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Siemens Rail Automation Pty Ltd Port Melbourne Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Siemens Rail Automation Pty Ltd Port Melbourne Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Siemens Rail Automation Pty Ltd T/A Siemens Rail Automation. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Siemens Rail Automation Pty Ltd, trading as Siemens Rail Automation, applied for approval of the Siemens Rail Automation Pty Ltd Port Melbourne Enterprise Agreement 2015. The applicant, a major player in the rail automation sector, sought endorsement of the agreement by the Fair Work Commission (FWC). This agreement was intended to govern the employment conditions of its workforce in the Port Melbourne area.

The central legal issues revolved around whether the agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement fairly reflected the balance of workplace power between the parties, provided for minimum entitlements that met or exceeded the relevant awards, and contained mechanisms for dispute resolution. The FWC also had to consider if the agreement was free from any unlawful content.

After thorough examination, the FWC found that the agreement satisfactorily addressed all statutory criteria. The agreement appropriately balanced workplace power, ensured compliance with minimum entitlements, and included dispute resolution provisions. The FWC also confirmed that there was no unlawful content in the agreement. Consequently, the FWC approved the Siemens Rail Automation Pty Ltd Port Melbourne Enterprise Agreement 2015.

Siemens Rail Automation Pty Ltd T/A Siemens Rail Automation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established