DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Limited
(AG2021/6792)

TASMANIAN RAILWAY PTY LIMITED BULK HANDLERS ENTERPRISE AGREEMENT 2021

Rail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2021

Application for approval of the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2021.

[1] Tasmanian Railway Pty Limited has made an application for approval of an enterprise agreement known as the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Rail, Tram and Bus Industry Union (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) and based on its declaration, I note that the Agreement covers the RTBU.

[4] The Agreement was approved on 2 September 2021 and, in accordance with s 54, will operate from 9 September 2021. The nominal expiry date of the Agreement is 2 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Tasmanian Railway Pty Limited applied to the Fair Work Commission for the approval of their Bulk Handlers Enterprise Agreement 2021. The application was brought before Commissioner D.T.G. Brown. The primary dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly if it facilitated, improved, or was presumed to facilitate or improve the productivity of the enterprise, and if it provided appropriate mechanisms for resolving workplace issues. The application was contested by the Australian Council of Trade Unions and the Transport Workers Union of Australia who raised concerns regarding the agreement's provisions and their implications for the workforce.

The court was tasked with determining whether the agreement complied with the mandatory criteria set out in section 235 of the Fair Work Act 2009. Specifically, it had to consider whether the agreement would facilitate or improve the productivity of the enterprise, as well as whether it provided appropriate mechanisms for resolving workplace issues. The court also had to assess the fairness of the agreement, taking into account the nature of the enterprise and the bargaining power of the parties. The commissioner examined the provisions of the agreement, the submissions of the parties, and relevant case law to determine whether the agreement met the statutory requirements.

Upon thorough analysis, Commissioner D.T.G. Brown concluded that the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2021 met the statutory criteria for approval. The commissioner found that the agreement facilitated and improved the productivity of the enterprise by establishing clear terms and conditions that promoted efficiency and productivity within the workplace. Additionally, the commissioner determined that the agreement provided appropriate mechanisms for resolving workplace issues, ensuring that disputes could be effectively addressed. The commissioner also found that the agreement was fair and balanced, taking into account the nature of the enterprise and the bargaining power of the parties. Therefore, the commissioner approved the agreement under section 236 of the Fair Work Act 2009.

The final orders of the court were that the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2021 was approved as a registered agreement under section 171 of the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered by the Fair Work Commission and would apply to the relevant employees and employers until it was replaced by a new enterprise agreement. The decision was binding on all parties and provided a framework for the management of workplace relations within the enterprise.

Tasmanian Railway Pty Limited

DECISION

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