Tasmanian Railway Pty Ltd T/A TasRail Summary

[2014] FWCA 2876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Ltd T/A TasRail
(AG2014/3671)

TASMANIAN RAILWAY PTY LIMITED GENERAL ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 1 MAY 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the Tasmanian Railway Pty Limited General Enterprise Agreement 2013 (the Agreement). The application was made by Tasmanian Railway Pty Ltd T/A TasRail pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 8 May 2014. The nominal expiry date of the Agreement is 12 November 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Tasmanian Railway Pty Ltd, trading as TasRail, which applied for the approval of the Tasmanian Railway Pty Limited General Enterprise Agreement 2013. The primary focus was on the approval of this enterprise agreement, which is essential for regulating the employment conditions of the employees within TasRail. The Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable.

The legal issues that the Fair Work Commission had to address included whether the agreement had been genuinely bargained, whether it complied with the procedural requirements for making an enterprise agreement, and whether it met the substantive fairness test. This involved scrutinising the process by which the agreement was negotiated and the content of the agreement itself to ensure that it was not adversely affecting the employees' conditions or rights.

In its decision, the Commission considered the evidence provided by both TasRail and the relevant union representatives. It examined the negotiation process and the fairness of the terms proposed. The Commission found that the agreement had been genuinely negotiated, and the process was compliant with the legal requirements. It also determined that the terms of the agreement were fair and reasonable, taking into account the broader economic context and the need for the agreement to support the operational requirements of TasRail. Therefore, the Commission approved the Tasmanian Railway Pty Limited General Enterprise Agreement 2013.

The final orders included the approval of the enterprise agreement, which was to take effect from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees until superseded by a new agreement or terminated in accordance with the Fair Work Act 2009.

Tasmanian Railway Pty Ltd T/A TasRail

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established