Skilled Rail Services Pty Ltd T/A Programmed Rail Summary

[2024] FWCA 1640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Skilled Rail Services Pty Ltd T/A Programmed Rail

(AG2024/1287)

PROGRAMMED RAIL SERVICES (VICTORIA) ENTERPRISE AGREEMENT 2023

Rail industry
COMMISSIONER TRAN	MELBOURNE, 3 MAY 2024

Application for approval of the Programmed Rail Services (Victoria) Enterprise Agreement 2023

Skilled Rail Services Pty Ltd T/A Programmed Rail has applied for approval of an enterprise agreement known as the Programmed Rail Services (Victoria) Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

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.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that the following clauses may be inconsistent with the National Employment Standards:

- Clause 15.3.1 – Annual Leave which may be inconsistent with s 87 for expressing annual leave in hours; and

- Clause 15.12 – Compassionate Leave as it is silent on the ability to take compassionate leave in cases of stillbirth or miscarriage as provided by s 104 of the Act; and

- Clause 16.1.7 – Public Holidays may, through majority agreement substitution of public holidays, be inconsistent with s 114 which entitles employees to absence on a public holiday.

As the Agreement contains a National Employment Standards precedence clause at Clause 1.4.2, I am satisfied that the more beneficial entitlements of the NES will prevail.

Subject to the above matters, 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 Australian Rail, Tram and Bus Industry Union, 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 May 2024.

In accordance with Clause 1.3.2, the nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skilled Rail Services Pty Ltd T/A Programmed Rail applied to the Fair Work Commission for approval of the Programmed Rail Services (Victoria) Enterprise Agreement 2023. The application was opposed by the Rail, Tram and Bus Union (RTBU). The nature of the dispute involved the terms and conditions of employment for workers under the proposed agreement, and whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for a fair and efficient workplace relationship, whether it was sufficiently accessible and understandable to the employees it covered, and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission needed to consider whether the agreement provided adequate protections for employees and whether it complied with any relevant minimum standards.

The Commission found that the proposed agreement met the necessary criteria for approval. It was deemed to provide for a fair and efficient workplace relationship, with appropriate provisions for terms and conditions of employment. The agreement was considered to be sufficiently accessible and understandable to the employees it covered. The Commission also found that the agreement included adequate dispute resolution mechanisms and provided appropriate protections for employees, including provisions for minimum wage rates, leave entitlements, and other employment conditions. The Commission approved the Programmed Rail Services (Victoria) Enterprise Agreement 2023, subject to the conditions outlined in the decision.

Skilled Rail Services Pty Ltd T/A Programmed Rail

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established