Sydney Trains

[2014] FWCA 6954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Trains
(AG2014/9181)

SYDNEY TRAINS ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER ROBERTS	SYDNEY, 7 OCTOBER 2014

Application for approval of the Sydney Trains Enterprise Agreement 2014.

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

[2] 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.

[3] The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Municipal, Administrative, Clerical and Services Union, the Australian Rail, Tram and Bus Industry Union, the Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act, that each wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Sydney Trains and its employees represented by the Rail, Tram and Bus Industry Union. The dispute centred on the application for approval of the Sydney Trains Enterprise Agreement 2014. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for the proper classification of employees, the inclusion of appropriate provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. Additionally, the Commission had to consider whether the agreement facilitated the provision of flexible working arrangements and whether it contained adequate dispute resolution mechanisms.

The Commission found that the Sydney Trains Enterprise Agreement 2014 generally met the statutory requirements for approval. The agreement provided for the classification of employees in a manner that aligned with industry standards and included provisions for minimum rates of pay and penalty rates that were in line with the Fair Work Act. The agreement also contained provisions for leave entitlements and other conditions of employment that were considered fair and reasonable. The Commission noted that the agreement facilitated the provision of flexible working arrangements, which was a significant aspect of modern employment practices. Furthermore, the agreement contained adequate dispute resolution mechanisms, ensuring that any issues arising from the agreement could be resolved in a timely and efficient manner.

The Fair Work Commission approved the Sydney Trains Enterprise Agreement 2014, finding that it met the statutory requirements for approval. The Commission acknowledged the efforts of both Sydney Trains and the Rail, Tram and Bus Industry Union in reaching an agreement that was fair and reasonable for all parties involved. The approval of the agreement ensured that the employees of Sydney Trains would benefit from a modern enterprise agreement that provided for their classification, pay, leave entitlements, and other conditions of employment. The final orders of the Commission included the approval of the agreement and its registration with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established