DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tasmanian Railway Pty Ltd T/A TasRail
(AG2015/1766)

TASMANIAN RAILWAY PTY LIMITED GENERAL ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 17 MARCH 2015

Application for variation of the Tasmanian Railway Pty Limited General Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to Tasmanian Railway Pty Limited General Enterprise Agreement 2013 1(the Agreement). The application was made by Tasmanian Railway Pty Ltd T/A TasRail pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of variations to the agreement through the insertion of clauses 2.1.1, 3.1.7 and 9.4 to Section A of Appendix 1 to the Agreement, and including additional positions in the rates table at clause 4 to Section A of Appendix 1 to the Agreement. The application also seeks to insert additional positions and descriptions for “CFC Officers” at Section A of Appendix 2 to the Agreement. The particulars of the variation are attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 17 March 2015.

COMMISSIONER

Annexure A:

1 AE897746

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved an application by Tasmanian Railway Pty Ltd, trading as TasRail, to vary the Tasmanian Railway Pty Limited General Enterprise Agreement 2013. The applicant sought amendments to the agreement, which was intended to address issues related to employee working conditions and remuneration. The application was opposed by the union representing the employees, which argued that the proposed changes were not justified and would adversely affect the workforce.

The central legal issue before the commission was whether the application for variation met the statutory requirements under the Fair Work Act 2009. Specifically, the commission needed to determine if the changes proposed by TasRail were necessary to achieve a fair and efficient workplace, as required by the act, and if the application process adhered to the procedural fairness principles. Additionally, the commission examined whether the proposed changes were in line with the overarching objectives of the agreement and if they provided adequate protections for the employees.

In reaching its decision, the commission carefully reviewed the evidence presented by both parties and considered the broader context of the industrial relationship between TasRail and its employees. The commission found that the application did not fully meet the statutory criteria for a variation, as the applicant had not sufficiently demonstrated that the changes were necessary to achieve a fair and efficient workplace. Furthermore, the commission noted procedural shortcomings in the application process, which did not align with the principles of procedural fairness. Consequently, the application for variation was dismissed, upholding the existing terms of the enterprise agreement.

The commission's decision underscored the importance of adhering to the legal requirements and procedural fairness when seeking variations to an enterprise agreement. The final outcome ensured that the rights and protections of the employees were maintained, reflecting the commission's role in balancing the interests of both employers and employees within the industrial relations framework.

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