DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Ltd T/A TasRail
(AG2014/8406)

TASMANIAN RAILWAY PTY LIMITED CEMENT TEAM ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 JANUARY 2015

Application for approval of the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 5 January 2015 and, in accordance with s.54, will operate from 12 January 2015. The nominal expiry date of the Agreement is 20 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the Tasmanian Railway Pty Ltd trading as TasRail, which sought approval for the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2014. The application was lodged by TasRail, and the decision was rendered by the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009 and met the necessary conditions for approval.

The central legal issues addressed by the Commission were whether the agreement was made in good faith and whether it contained the minimum terms and conditions required by the Act. Specifically, the Commission examined whether the agreement provided for minimum wages, allowable deductions, maximum weekly hours, and other stipulated entitlements. Additionally, the Commission considered whether the agreement met the "better off overall test," ensuring that employees were not worse off financially under the new agreement.

In deliberating on these issues, the Fair Work Commission found that the proposed agreement was made in good faith and contained the necessary minimum terms and conditions. The Commission concluded that the agreement did not disadvantage employees and in fact offered them better conditions than those previously stipulated. Furthermore, the Commission was satisfied that the agreement fulfilled the better off overall test, ensuring that employees would not be worse off under the new terms. Consequently, the Commission approved the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2014.

The Fair Work Commission's final order was that the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the terms of the agreement are legally binding and enforceable for the parties involved.

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