DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Limited T/A TASRAIL
(AG2019/1260)

TASMANIAN RAILWAY PTY LIMITED GENERAL ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER PLATT	ADELAIDE, 9 JULY 2019

Application for approval of the Tasmanian Railway Pty Limited General Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Limited General Enterprise Agreement 2018 (the Agreement) 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.

[2] The matter was allocated to my Chambers on 13 June 2019.

[3] On 20 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 9 July 2019. The undertaking deals with the following topics:

• For the purposes of clause 21.1 of the Agreement, the reference to “152 hours” and “190 hours” will be replaced with “4 weeks” and “5 weeks” respectively.

• For the purposes of clause 24.5 of the Agreement, the words “as early as possible on the first day of absence” will be replaced with “as soon as practicable”.

• Clause 25.4.3 of the Agreement will be replaced in its entirety with:

“An employee requesting Emergency Services Leave is to notify their supervisor / manager as soon as practicable (which may be a time after the absence has started). For the avoidance of doubt, nothing in this clause is intended to affect employee entitlements to community service leave under the NES and the NES will prevail in the event that any entitlement under the this clause is less beneficial.”

• Clause 9.2.7 of the Agreement will be replaced in its entirety with:

“A Part time Employee required to work in excess of the agreed hours, will be paid at the overtime rate outlined in the relevant functional area in Section A, Section B or Section C of the Agreement.”

• The APM (Appendix 1) is paid in addition to the Aggregate Salary rates.

• For an apprentice, Base Salary rates will be based on:

(a) Assets Electrician Level 1 for an employee employed as an Apprentice Electrician; or

(b) Maintainer (Section B – Rolling Stock) for an employee employed under any other trade based apprenticeship.

• For the purposes of clause 9.3.1.3 of the Agreement, the Applicant undertakes that the 25% casual loading is paid in addition to any applicable penalty rates.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 12 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Tasmanian Railway Pty Limited, trading as Tasrail, applied for the approval of the Tasmanian Railway Pty Limited General Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for the workers of Tasrail, including wages, working hours, leave provisions, and other employment-related matters. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements must be approved by the Fair Work Commission if they are to have the force of law.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval and if it provided for the fair and equitable treatment of employees. Key considerations included whether the agreement complied with the "better off overall test", ensuring that employees would not be worse off financially or in terms of conditions. The Commission also examined if the agreement allowed for proper consultation with employees and if it contained adequate dispute resolution mechanisms.

The Fair Work Commission found that the Tasmanian Railway Pty Limited General Enterprise Agreement 2018 met the necessary criteria for approval. The agreement was deemed to satisfy the better off overall test, as it provided for adequate wage increases, improved conditions, and additional benefits that outweighed any potential disadvantages. The Commission also noted that the agreement had been developed through a process of genuine consultation with the employees, and it contained appropriate mechanisms for resolving disputes. Consequently, the application for approval was successful.

The final orders of the Commission included the approval of the Tasmanian Railway Pty Limited General Enterprise Agreement 2018, which would now be legally binding on the parties involved. The agreement would come into effect from the date of the Commission's decision, and all employees covered by the agreement would be bound by its terms. The decision reinforced the importance of ensuring that enterprise agreements provide for the fair and equitable treatment of employees while also meeting the statutory requirements for approval.

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