Skilled Rail Services Pty Ltd T/A Skilled Rail

[2013] FWCA 1406

FAIR WORK COMMISSION

DECISION

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

Skilled Rail Services Pty Ltd T/A Skilled Rail
(AG2013/129)

SKILLED RAIL SERVICES NEW SOUTH WALES ENTERPRISE AGREEMENT 2012 - 2015

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 6 MARCH 2013

Application for approval of the Skilled Rail Services New South Wales Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Skilled Rail Services New South Wales Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] A conference was held before the Commission via telephone with the Applicant and the Australian Rail, Tram and Bus Industry Union (ARTBIU), being a bargaining representative for the Agreement to discuss the operation of clause 35 - Individual Flexibility Arrangement, and in particular, subclause 35.1(a) of the Agreement. During the conference the Applicant and the ARTBIU submitted that in relation to clause 35 this should be read as including a reference to clause 14 - Rostering Parameters. This was subsequently confirmed in writing by the Applicant.

[3] The Agreement covers those employees engaged within New South Wales (NSW) in one of the classifications contained in the Agreement performing rail maintenance works and construction work on rail infrastructure, including projects which commence within the state of NSW. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] 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 this organisation.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 13 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Skilled Rail Services Pty Ltd, trading as Skilled Rail, applied to the Fair Work Commission for the approval of the Skilled Rail Services New South Wales Enterprise Agreement 2012-2015. The applicant sought approval of the agreement under the Fair Work Act 2009. The primary issue before the Fair Work Commission was whether the terms of the proposed enterprise agreement met the requirements for registration under the Fair Work Act 2009. This included whether the agreement contained all the prescribed terms, whether the agreement was in good faith, and whether the agreement was free from any defects that would render it invalid.

The Fair Work Commission considered the evidence presented by both parties and examined the terms of the proposed agreement. The Commission found that the agreement contained all the prescribed terms and was in good faith. The Commission also found that the agreement was free from any defects that would render it invalid. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties and met all the requirements for registration under the Fair Work Act 2009. The Commission approved the agreement and registered it under the Act.

The Fair Work Commission approved the Skilled Rail Services New South Wales Enterprise Agreement 2012-2015 and registered it under the Fair Work Act 2009. The agreement will now apply to the employees covered by the agreement and will remain in effect until the end of the agreed term or until it is replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established