DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Limited T/A TasRail
(AG2018/1833)

TASMANIAN RAILWAY PTY LIMITED BULK HANDLERS ENTERPRISE AGREEMENT 2018

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 SEPTEMBER 2018

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

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

[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 14 September 2018. The nominal expiry date of the Agreement is 2 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Tasmanian Railway Pty Limited trading as TasRail, applied to the Fair Work Commission for the approval of the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2018. The primary dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly concerning procedural fairness and the provisions of the agreement itself.

The key legal issues before the Commission were whether the agreement had been made in accordance with the procedural fairness requirements under the Fair Work Act and whether the agreement contained terms that were contrary to the public interest or not genuinely bargained between employers and employees. Specifically, the Commission had to consider if the process of making the agreement was fair and if the terms of the agreement were appropriate and not detrimental to the employees.

In deciding the matter, the Commission examined the process by which the agreement was made, including the steps taken to ensure that employees were given an opportunity to be involved in the negotiations. The Commission also assessed whether the terms of the agreement complied with the Act, particularly focusing on whether they were genuinely negotiated and not unfairly prejudicial to employees. After considering the evidence and arguments presented, the Commission found that the agreement was made in accordance with procedural fairness requirements and did not contain any terms that were contrary to the public interest or not genuinely bargained.

Consequently, the Fair Work Commission approved the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2018, affirming that it met the necessary legal standards for approval under the Fair Work Act. This decision allows the agreement to be implemented as a legally binding enterprise agreement between TasRail and its employees.

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