DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Limited T/A TasRail
(AG2018/980)

TASMANIAN RAILWAY PTY LIMITED CEMENT TEAM ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2018

Application for approval of the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2017 (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 Applicant has provided written undertakings. A copy of the undertakings is attached at 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 (the RTBU), 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 12 June 2018. The nominal expiry date of the Agreement is 20 July 2020.

COMMISSIONER

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 approval of the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2017. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute centred on the validity and fairness of the proposed enterprise agreement, specifically concerning its classification and remuneration provisions. The case was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The key legal issues the court had to address were whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009, and whether it was made in good faith and protected the employees' rights. In particular, the court examined the classification of employees within the agreement, the provisions regarding remuneration, and whether the agreement adequately protected employees' rights and interests. The court also had to consider whether the agreement was procedurally fair and whether the applicant had genuinely negotiated the terms of the agreement.

The Fair Work Commission found that the application for approval of the enterprise agreement was valid and should be approved. The court held that the agreement was procedurally fair and genuinely negotiated. The court also found that the classification and remuneration provisions of the agreement were fair and met the statutory requirements. The court concluded that the agreement was in the best interests of the employees and should be approved. The applicant's application was therefore granted.

The Fair Work Commission approved the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2017, and it became legally binding on the parties from the date of the approval. The decision provides clarity on the requirements for enterprise agreements and the standard of proof for approval in the Fair Work Commission.

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