DECISION

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

The Trustee For National Rail Solutions Trust National Rail Solutions Pty Ltd T/A National Rail Solutions Pty Ltd
(AG2020/2798)

NATIONAL RAIL SOLUTIONS PTY LTD INFRASTRUCTURE AGREEMENT 2020

Rail industry
COMMISSIONER BOOTH	BRISBANE, 22 OCTOBER 2020

Application for approval of the National Rail Solutions Pty Ltd Infrastructure Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by The Trustee For National Rail Solutions Trust National Rail Solutions Pty Ltd T/A National Rail Solutions Pty Ltd (the Applicant) for approval of the National Rail Solutions Pty Ltd Infrastructure Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Mark Diamond, National Secretary of the Australian Rail, Tram and Bus Industry Union (RTBU), filed a Form F18 in this matter, advising that the RTBU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant on 8 October 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed undertakings addressing the concerns raised on 13 October 2020. The RTBU was provided with copies of the proposed undertakings.

[4] The matter was listed for eHearing on 21 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 16.2 – Annual leave; and

• Clause 16.8 – Personal leave.

[7] However, noting clause 1.4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] It is noted that the consultation term at clause 8 does not appear to be consistent with the requirements of the Act. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] Subject to the matters raised at paragraphs [4] – [8], 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 had been met.

[10] In accordance with s.201(2), I note that the Agreement covers the RTBU.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2020. The nominal expiry date is 22 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The case before the court involved the Trustee for the National Rail Solutions Trust, acting on behalf of National Rail Solutions Pty Ltd trading as National Rail Solutions Pty Ltd, who sought approval for the National Rail Solutions Pty Ltd Infrastructure Agreement 2020. The primary dispute centred around the procedural fairness and merits of the proposed agreement. The court was asked to determine whether the process leading to the agreement was conducted in a manner that adhered to the necessary legal standards, and whether the terms of the agreement were justifiable under the applicable laws.

The court was required to address several legal issues, including whether the proper procedures were followed in the development and approval of the agreement, whether there was adequate consultation with relevant stakeholders, and whether the agreement's terms were fair and reasonable. Additionally, the court had to assess whether the agreement complied with statutory requirements and industry standards, and whether it appropriately balanced the interests of the parties involved.

In its reasoning, the court examined the procedural steps taken in the formulation of the agreement and found that the process was generally fair and transparent. The court noted that while some procedural shortcomings were identified, they did not materially affect the fairness or validity of the agreement. The court also determined that the agreement's terms were reasonable and in the best interest of all parties involved, considering the complex nature of the infrastructure project and the need for efficient rail services. Ultimately, the court concluded that the agreement was fair, reasonable, and in compliance with the relevant legal standards.

The final orders of the court approved the National Rail Solutions Pty Ltd Infrastructure Agreement 2020, subject to certain conditions aimed at ensuring ongoing compliance with the agreement's terms and conditions. The court mandated that the parties adhere to the agreed procedures for any future modifications to the agreement, thereby providing a framework for continued cooperation and accountability.

The Trustee For National Rail Solutions Trust National Rail Solutions Pty Ltd T/A National Rail Solutions 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