DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Limited T/A TASRAIL
(AG2020/3320)

TASMANIAN RAILWAY PTY LIMITED CEMENT TEAM ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER LEE	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Railway Pty Limited T/A TASRAIL. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2020. The nominal expiry date of the Agreement is 20 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Tasmanian Railway Pty Limited T/A TASRAIL, the applicant sought approval of the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2020. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement had been genuinely negotiated, and whether it contained the minimum entitlements prescribed by the Act. Additionally, the Commission needed to ascertain whether the agreement complied with the good faith bargaining requirements and whether it was in the best interests of the employees involved.

The Commission found that the agreement had indeed been genuinely negotiated, as evidenced by the thorough and structured process that involved multiple meetings and submissions from both parties. Furthermore, the agreement contained all the necessary minimum entitlements, and the parties had demonstrated a commitment to good faith bargaining. The Commission concluded that the agreement was in the best interests of the employees and approved it, noting that it provided a fair and reasonable outcome for all parties involved.

As a result of the Commission's decision, the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2020 was approved, and the application was granted. The agreement is now legally binding on the parties and will govern the employment conditions for the Cement Team within the organisation.

Tasmanian Railway Pty Limited T/A TASRAIL

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established