DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Ltd T/A TasRail
(AG2015/7436)

TASMANIAN RAILWAY PTY LIMITED BULK HANDLERS ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 JANUARY 2016

Application for approval of the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Limited Bulk Handlers 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 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 12 January 2016. The nominal expiry date of the Agreement is 2 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Tasmanian Railway Pty Ltd, trading as TasRail, for approval of the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2015. The dispute centred around the proposed agreement's terms, which were subject to scrutiny to ensure they complied with the relevant federal legislation governing enterprise agreements.

The legal issues that required resolution were whether the agreement met the statutory requirements of the Fair Work Act 2009, specifically whether it contained all the mandatory provisions, was free from prohibited content, and was made in good faith and without coercion. Additionally, the court had to consider whether the process by which the agreement was negotiated and agreed upon was procedurally fair.

The Fair Work Commission examined the procedural fairness of the negotiation process, determining that the process was conducted in good faith and without coercion. The Commission found that the agreement contained all the mandatory provisions as required by the Fair Work Act 2009. It also confirmed that the agreement did not include any prohibited content, such as terms that would undermine the operation of the Act or the rights of employees. Given these findings, the Commission approved the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2015, deeming it to be in compliance with the statutory requirements.

The final orders of the Commission were that the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would apply to the relevant employees until such time as it was replaced by a new agreement or terminated in accordance with the Act.

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