Taylor Rail Australia Pty Limited Summary

[2014] FWCA 5948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taylor Rail Australia Pty Limited
(AG2014/7149)

TAYLOR RAIL AUSTRALIA NEW SOUTH WALES ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER ROBERTS	SYDNEY, 28 AUGUST 2014

Application for approval of the Taylor Rail Australia New South Wales Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Taylor Rail Australia New South Wales Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Taylor Rail Australia Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 26 August 2014 undertakings were provided by Ms A Voller, the Company’s Executive Officer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2014. The nominal expiry date of the Agreement is 22 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Taylor Rail Australia Pty Limited recently had an application before the Fair Work Commission for the approval of the Taylor Rail Australia New South Wales Enterprise Agreement 2014. The application arose from negotiations between the company and the Rail, Tram and Bus Industry Union, representing the employees. The dispute centred around the terms and conditions of employment under the proposed agreement, specifically whether they complied with the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under section 231 of the Act, including ensuring it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, particularly in relation to wages, working hours, and other employment conditions.

After examining the evidence and submissions from both parties, the Commission concluded that the agreement generally met the necessary standards. The terms were deemed fair and reasonable, providing appropriate protections and benefits to the employees while also accommodating the employer's operational requirements. The Commission approved the agreement, finding it complied with the statutory requirements.

As a result, the Fair Work Commission issued an order approving the Taylor Rail Australia New South Wales Enterprise Agreement 2014. This decision sets the terms and conditions of employment for the relevant employees under the approved agreement.

Taylor Rail Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established