DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Office of the National Rail Safety Regulator
(AG2018/1354)

ONRSR ENTERPRISE AGREEMENT 2018 - 2020

State and Territory government administration
COMMISSIONER JOHNS	SYDNEY, 14 JUNE 2018

Application for approval of the ONRSR Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the ONRSR Enterprise Agreement 2018 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Office of the National Rail Safety Regulator. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The CPSU, the Community and Public Sector 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Office of the National Rail Safety Regulator (ONRSR) sought approval for the ONRSR Enterprise Agreement 2018 - 2020. The Fair Work Commission (FWC) was tasked with considering whether the agreement met the legal standards for approval, including ensuring the agreement did not undermine the health, safety and welfare of employees or the public. The ONRSR and the Rail, Tram and Bus Union (RTBU) were the primary parties involved in the application, with the RTBU representing the interests of the employees.

The central legal issues in the case revolved around whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to provisions concerning enterprise bargaining, employee entitlements, and the protection of health and safety. The FWC had to assess if the agreement provided fair and reasonable terms for employees while ensuring it did not pose any risks to public safety or health. The FWC also needed to determine whether the agreement appropriately balanced the interests of the employees, the employer, and the broader public.

The FWC found that the ONRSR Enterprise Agreement 2018 - 2020 met the necessary criteria for approval. The agreement provided fair and reasonable terms for the employees and contained provisions that protected the health and safety of both employees and the public. The FWC determined that the agreement appropriately balanced the interests of all parties involved. Consequently, the FWC approved the agreement, subject to the terms and conditions outlined in the decision.

The final orders of the FWC included the approval of the ONRSR Enterprise Agreement 2018 - 2020, effective from 1 March 2018 until 31 December 2020, subject to any modifications required by the FWC. The agreement was to be registered with the Australian Industrial Relations Commission, and the parties were required to comply with the terms and conditions set out in the decision.

The Office of the National Rail Safety Regulator

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established