DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Ltd T/A TasRail
(AG2016/2916)

TASMANIAN RAILWAY PTY LIMITED GENERAL ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the Tasmanian Railway Pty Ltd General Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Ltd General Enterprise Agreement 2015 (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 Ltd T/A TasRail. The Agreement is a single enterprise agreement.

[2] The Applicant 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 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in s. 186(3) and (3A) of the Act I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 June 2016 and, in accordance with s.54 of the Act, will operate from 24 June 2016. The nominal expiry date of the Agreement is 12 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Tasmanian Railway Pty Ltd trading as TasRail for the approval of the Tasmanian Railway Pty Ltd General Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009. The primary dispute was over whether the agreement met the legal criteria for approval, including provisions related to wages, conditions of employment, and dispute resolution mechanisms.

The legal issues that the court was required to decide included whether the agreement satisfied the requirements for coverage, fairness, and public interest, as stipulated in the Fair Work Act. Key points of contention were the fairness of certain wage provisions and the adequacy of the dispute resolution processes outlined in the agreement. The court also needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The court examined the agreement in detail, assessing whether it was fair and reasonable in all its aspects. It took into account submissions from both parties and relevant legislative provisions. The court found that the agreement did meet the statutory criteria for approval, noting that it provided fair and reasonable terms for the employees, including appropriate wage increases and dispute resolution mechanisms. The court concluded that the agreement was in the public interest and approved it accordingly.

The final orders of the court included the approval of the Tasmanian Railway Pty Ltd General Enterprise Agreement 2015, recognising it as meeting the necessary legal standards for fairness and public benefit. The agreement was thus authorised to be implemented as per the terms set out in the document.

Tasmanian Railway Pty Ltd 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