DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T6 Rail Specialists Pty Ltd
(AG2015/197)

T6 RAIL SPECIALISTS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 FEBRUARY 2015

Application for approval of the T6 Rail Specialists Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the T6 Rail Specialists Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by T6 Rail Specialists Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] 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.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 13 February 2015 and, in accordance with s.54, will operate from 20 February 2015. The nominal expiry date of the Agreement is 12 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, T6 Rail Specialists Pty Ltd, applied for an approval of the T6 Rail Specialists Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The applicant and the Australian Workers' Union (AWU) had entered into an enterprise agreement, and the AWU applied to the Commission for its approval. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 (Cth) and whether the process by which it was made was fair and proper.

The Commission found that the agreement was a good faith attempt to create a genuinely agreed enterprise agreement and was not discriminatory or otherwise contrary to public policy. The Commission considered the process by which the agreement was made, including the parties' conduct, and found that it was fair and proper. The Commission also considered the contents of the agreement, including the terms and conditions of employment, and found that they were reasonable in all the circumstances. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The modifications included changes to the agreement's provisions relating to the calculation of overtime, shift differentials, and penalty rates. The Commission also made minor changes to the agreement's language to improve clarity and consistency. The applicant and the AWU were given the opportunity to provide submissions on the modifications before the Commission made its final decision. The Commission approved the modified agreement, which is now a registered enterprise agreement under the Fair Work Act.

T6 Rail Specialists Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established