DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swetha International Pty Ltd
(AG2018/3897)

SWETHA INTERNATIONAL PTY LTD RAIL SAFE WORKING PERSONNEL NSW ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER MCKENNA	SYDNEY, 30 NOVEMBER 2018

Application for approval of the Swetha International Pty Ltd Rail Safe Working Personnel NSW Enterprise Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Swetha International Pty Ltd Rail Safe Working Personnel NSW Enterprise Agreement 2018 (“the Agreement”). The application was made by Swetha International Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the applicant addressing miscellaneous matters. In that regard, additional materials were provided which satisfactorily addressed a potential pre-approval step issue. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 14 August 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Swetha International Pty Ltd sought approval of the Swetha International Pty Ltd Rail Safe Working Personnel NSW Enterprise Agreement 2018, which was lodged with the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it complied with the good faith bargaining requirements.

The Commission considered whether the agreement provided for terms and conditions that were fair and reasonable, whether it was made in good faith, and whether it complied with the prescribed processes. The Commission noted that the agreement contained terms and conditions that were consistent with industry standards and that it had been made in good faith. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and approved the agreement.

The Commission noted that the agreement provided for a range of terms and conditions, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement was fair and reasonable and that it complied with the good faith bargaining requirements. The Commission approved the Swetha International Pty Ltd Rail Safe Working Personnel NSW Enterprise Agreement 2018 and registered it with the Fair Work Commission. The applicant was ordered to pay the costs of the application.

Swetha International Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established