DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Ltd T/A TasRail
(AG2014/9000)

TASMANIAN RAILWAY PTY LIMITED BULK HANDLERS ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Limited Bulk Handlers 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] 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, (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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 December 2014 and, in accordance with s.54, will operate from 22 December 2014. The nominal expiry date of the Agreement is 2 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Tasmanian Railway Pty Ltd T/A TasRail, the Fair Work Commission was presented with an application for the approval of the Tasmanian Railway Pty Limited Bulk Handlers Enterprise Agreement 2014. The primary parties involved were the Tasmanian Railway Pty Ltd, operating as TasRail, and the Rail, Tram and Bus Industry Union, representing the employees. The dispute centred on whether the proposed enterprise agreement should be certified as meeting the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the appropriate minimum terms and conditions, if it complied with procedural fairness, and if it was consistent with the overall object of the Fair Work Act. A significant concern was the potential impact of the agreement on the employees' entitlements, particularly regarding the classification and remuneration of certain workers. Additionally, the Commission needed to consider the bargaining processes followed by the parties in reaching the agreement.

The Commission found that the agreement, while generally comprehensive, contained provisions that did not comply with the minimum terms and conditions as required by the Fair Work Act. Specifically, the classification of some employees under the agreement did not align with the statutory minimum standards. However, the Commission was satisfied that the overall process of bargaining was fair and that the parties had acted in good faith. Consequently, the Commission determined to approve the agreement with specific modifications to ensure compliance with the statutory minimum terms. The final orders included the approval of the agreement subject to the specified amendments.

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