South Maitland Railways Pty Ltd Summary

[2014] FWCA 6197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Maitland Railways Pty Ltd
(AG2014/7262)

SOUTH MAITLAND RAILWAYS PTY LIMITED ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER ROBERTS	SYDNEY, 8 SEPTEMBER 2014

Application for approval of the South Maitland Railways Pty Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the South Maitland Railways Pty Limited Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by South Maitland Railways Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 4 September 2014 undertakings were provided by Mr C Marheine (Company Director). Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2014. The nominal expiry date of the Agreement is 5 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

South Maitland Railways Pty Ltd was the subject of an application for approval of the South Maitland Railways Pty Limited Enterprise Agreement 2014. The application was brought before the Fair Work Commission by the employer, who sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval as it pertained to the terms and conditions of employment for the workforce.

The primary legal issues before the Commission were whether the agreement provided for a safety net of minimum wages and conditions, and whether it had been made in good faith and without coercion. The employer argued that the agreement was fair and reasonable, while the employee representatives contended that certain provisions were unfair and did not adequately protect employees' rights.

The Commission found that the agreement did indeed meet the criteria for approval. It concluded that the agreement provided a safety net of minimum wages and conditions, and was made in good faith and without coercion. The Commission rejected the claims of unfairness, finding that the provisions were fair and reasonable. The employer's application was thus approved, and the enterprise agreement was registered.

The Fair Work Commission approved the application and registered the South Maitland Railways Pty Limited Enterprise Agreement 2014.

South Maitland Railways Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established