DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taylor Rail Australia Pty Ltd
(AG2019/2747)

TAYLOR RAIL AUSTRALIA NATIONAL ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 AUGUST 2019

Application for approval of the Taylor Rail Australia National Enterprise Agreement 2019.

[1] Taylor Rail Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Taylor Rail Australia National Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the further information provided by the Employer, 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 being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 August 2019 and, in accordance with s 54, will operate from 2 September 2019. The nominal expiry date of the Agreement is 20 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Taylor Rail Australia Pty Ltd was the subject of an application for the approval of the Taylor Rail Australia National Enterprise Agreement 2019, which was heard by the Fair Work Commission. The applicant sought the approval of the agreement under the Fair Work Act 2009, which aimed to set out the terms and conditions of employment for employees within the organisation. The dispute centred around whether the agreement met the statutory requirements and if it was fair and reasonable in accordance with the relevant legislation and case law.

The primary legal issues the court needed to address were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act and the Fair Work Regulations. This included assessing whether the agreement was properly registered, if it was free from any illegality, and if it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement was made in good faith and if it complied with any applicable awards or agreements.

In reaching its decision, the court thoroughly examined the terms of the agreement and the process by which it was made. It found that the agreement was properly registered and was free from any illegality. The court considered the fairness and reasonableness of the terms and conditions provided for in the agreement, taking into account the principles established in relevant case law. After careful consideration of all the evidence and submissions, the court determined that the agreement met all statutory requirements and was fair and reasonable. Therefore, the court approved the Taylor Rail Australia National Enterprise Agreement 2019.

Taylor Rail Australia Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established