Taylor Rail Australia Pty Limited T/A Taylor Rail Australia Pty Limited

[2023] FWCA 853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Taylor Rail Australia Pty Limited T/A Taylor Rail Australia Pty Limited

(AG2023/556)

TAYLOR RAIL AUSTRALIA NATIONAL ENTERPRISE AGREEMENT 2022

Rail industry
COMMISSIONER P RYAN	SYDNEY, 21 MARCH 2023

Application for approval of the Taylor Rail Australia National Enterprise Agreement 2022

Taylor Rail Australia Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Taylor Rail Australia National Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining representative

The Australian Rail, Tram and Bus Industry Union (ARTBIU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ARTBIU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 28 March 2023. The nominal expiry date of the Agreement is 21 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Taylor Rail Australia Pty Limited, trading as Taylor Rail Australia Pty Limited, applied to the Fair Work Commission for the approval of a proposed national enterprise agreement. The applicants sought to establish terms and conditions of employment for their employees under this agreement. The legal dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the minimum entitlements required by the Act, was free from any illegality, and had been made in good faith.

The primary legal issue was whether the agreement sufficiently met the statutory requirements for approval as outlined in the Fair Work Act. This included ensuring that the agreement provided for the minimum terms and conditions of employment and did not contravene any provisions of the Act. Additionally, the court examined whether the agreement was made in good faith and free from any illegality. The applicants argued that the proposed agreement was comprehensive and adhered to all legal requirements, while any opposing parties contended that certain provisions did not meet the statutory standards.

The Fair Work Commission, after a thorough examination, found that the proposed agreement complied with the necessary statutory requirements. The commission was satisfied that the agreement provided for the minimum terms and conditions of employment and was made in good faith. The commission also determined that the agreement did not contain any illegal provisions. Consequently, the commission approved the Taylor Rail Australia National Enterprise Agreement 2022.

The Fair Work Commission approved the Taylor Rail Australia National Enterprise Agreement 2022, setting forth the terms and conditions of employment for the employees of Taylor Rail Australia Pty Limited. The commission's decision was based on the finding that the agreement met all the statutory requirements under the Fair Work Act, including providing for the minimum terms and conditions, being made in good faith, and free from any illegality.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established