Tasmanian Railway Pty Limited T/A TasRail

[2023] FWCA 2007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tasmanian Railway Pty Limited T/A TasRail

(AG2023/1934)

TASMANIAN RAILWAY PTY LIMITED CEMENT TEAM ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 30 JUNE 2023

Application for approval of the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tasmanian Railway Pty Limited T/A TasRail. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Rail, Tram and Bus Industry Union (ARTBIU) 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 the organisation

The Agreement was approved on 30 June 2023 and, in accordance with s.54, will operate from 7 July 2023. The nominal expiry date of the Agreement is 12 November 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Tasmanian Railway Pty Limited T/A TasRail, the Fair Work Commission was tasked with approving the Cement Team Enterprise Agreement 2023. The application for approval came from the employer, TasRail, and was in accordance with section 231 of the Fair Work Act 2009. The agreement in question pertains to the employment conditions of certain employees within the cement team, and the dispute centered on whether the agreement met the statutory requirements for approval.

The key legal issues before the Commission involved whether the agreement contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. The Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, and if it adequately balanced the interests of both the employees and the employer. Additionally, the Commission had to consider whether the agreement was consistent with the objectives of the Act, which include promoting high levels of employment and productivity, and facilitating cooperative relationships between employers and employees.

The Commission examined the provisions of the agreement and found that it included all the required minimum terms and conditions. The agreement was deemed to be fair and reasonable, reflecting a balanced approach to the rights and obligations of both parties. The Commission was satisfied that the agreement would promote cooperative relationships and contribute to high levels of employment and productivity. Consequently, the Commission approved the Cement Team Enterprise Agreement 2023 under section 231 of the Fair Work Act.

The final orders of the Commission included the approval of the Cement Team Enterprise Agreement 2023, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions for the specified employees, providing a clear framework for their working relationship with TasRail. The decision reinforces the importance of adhering to the statutory requirements for enterprise agreements to ensure they are both fair and legally compliant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established