DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Office of the National Rail Safety Regulator
(AG2015/5506)

ONRSR ENTERPRISE AGREEMENT 2015 - 2017

State and Territory government administration
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 1 OCTOBER 2015

Application for approval of the ONRSR Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the ONRSR Enterprise Agreement 2015 - 2017 (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 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2015. The nominal expiry date of the Agreement is 1 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Office of the National Rail Safety Regulator brought an application for approval of the ONRSR Enterprise Agreement 2015-2017, which was opposed by the Australian Rail Tram and Bus Industry Union. The matter was heard in the Fair Work Commission. The primary legal issue before the court was whether the enterprise agreement complied with the Fair Work Act 2009, specifically in relation to the provisions concerning shift work, overtime, and penalty rates. The court had to determine if the agreement met the legislative requirements for approval and if it adequately balanced the interests of both the employer and the employees.

The court examined the provisions of the agreement and considered whether they provided a fair and reasonable basis for determining the terms and conditions of employment. The Office of the National Rail Safety Regulator argued that the agreement was necessary to ensure the safe and efficient operation of the rail safety regulator. The union, on the other hand, contended that the agreement did not adequately protect the rights and interests of the employees. The court found that the agreement did comply with the statutory requirements and that it struck an appropriate balance between the interests of the employer and the employees. The court was satisfied that the agreement provided for a fair and reasonable basis for determining the terms and conditions of employment.

In its decision, the Fair Work Commission approved the ONRSR Enterprise Agreement 2015-2017, finding that it met the legislative requirements and adequately balanced the interests of both parties. The court noted that the agreement provided for a fair and reasonable basis for determining the terms and conditions of employment, and that it was in the best interests of the employees and the employer. The union's opposition to the agreement was dismissed. The final orders of the court were that the ONRSR Enterprise Agreement 2015-2017 be approved and registered under the Fair Work Act 2009.

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