DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taylor Rail Australia Pty Limited
(AG2018/458)

TAYLOR RAIL AUSTRALIA NEW SOUTH WALES ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER JOHNS	SYDNEY, 22 FEBRUARY 2018

Application for approval of the Taylor Rail Australia New South Wales Enterprise Agreement 2017.

[1] On 12 February 2018 Taylor Rail Australia Pty Limited (Applicant) made an application for approval of the Taylor Rail Australia New South Wales Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Rail, Tram and Bus 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 March 2018. The nominal expiry date of the Agreement is 22 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Taylor Rail Australia Pty Limited applied to the Fair Work Commission for the approval of the Taylor Rail Australia New South Wales Enterprise Agreement 2017. The company sought to have the agreement registered and approved under the Fair Work Act 2009, with the union representing the employees not objecting to the application. The dispute centred on whether the agreement met the legal requirements for registration and approval, including compliance with the provisions of the Fair Work Act and the Fair Work Regulations.

The court was required to determine whether the agreement complied with the procedural requirements for its registration and approval. This included examining whether the agreement had been negotiated in good faith, whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and whether the agreement was free from prohibited content. The court also had to consider whether the agreement complied with the Fair Work Regulations, including provisions related to notice periods, dispute resolution, and the rights of employees.

The Fair Work Commission found that the agreement met all the legal requirements for registration and approval. The court was satisfied that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions. The court further determined that the agreement did not include any prohibited content and complied with the Fair Work Regulations. As a result, the court approved the Taylor Rail Australia New South Wales Enterprise Agreement 2017. The final orders included the registration and approval of the agreement, effective from the date of the decision.

Taylor Rail Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established