DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tony Braxton-Smith T/A Rail Commissioner
(AG2020/3405)

RAIL COMMISSIONER RAIL OPERATIONS ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER PLATT	ADELAIDE, 26 NOVEMBER 2020

Application for approval of the Rail Commissioner Rail Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner Rail Operations Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tony Braxton-Smith T/A Rail Commissioner (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 November 2020 and was determined on the papers.

[3] 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 wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tony Braxton-Smith, in his capacity as the Rail Commissioner, made an application before the Fair Work Commission for the approval of the Rail Commissioner Rail Operations Enterprise Agreement 2020. The agreement in question is a collective bargaining instrument governing the employment terms and conditions for rail operations employees within the Rail Commissioner's jurisdiction. The dispute centres on the fairness and appropriateness of the proposed agreement as per the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the procedural fairness standards, including proper consultation and representation, and whether it contained terms that were fair and reasonable. The Commission had to consider the nature of the bargaining process, the fairness of the agreement's terms, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission needed to assess if the agreement appropriately balanced the interests of the employees and the employer, ensuring it did not unfairly disadvantage any party.

In its decision, the Commission examined the evidence presented regarding the bargaining process, the terms of the agreement, and submissions from both the Rail Commissioner and the employees' representatives. The Commission found that the agreement was the product of a genuine and meaningful bargaining process, with adequate consultation and representation. The terms of the agreement were deemed fair and reasonable, striking a balance between the interests of the employees and the employer. Consequently, the Commission approved the agreement, finding it to be in accordance with the requirements of the Fair Work Act.

The Commission made orders approving the Rail Commissioner Rail Operations Enterprise Agreement 2020, effective from the date of the decision. The agreement is to be registered and published as required by the Fair Work Act, ensuring its enforceability and transparency.

Tony Braxton-Smith T/A Rail Commissioner

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established