DECISION

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

Track Safety Australia Pty Ltd T/A Track Safety Australia
(AG2020/3521)

TRACK SAFETY AUSTRALIA NATIONAL ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER SPENCER	BRISBANE, 8 DECEMBER 2020

Application for approval of the Track Safety Australia National Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Track Safety Australia National Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Track Safety Australia Pty Ltd T/A Track Safety Australia (the Applicant/the Employer). The Agreement is a greenfields agreement covering a single employer.

[2] A number of matters were identified, and responses and undertakings sought from the Applicant. The Applicant provided responses and undertakings on 6 December 2020. Further matters were raised and a further response was provided by the Applicant on 7 December 2020.

[3] The Australian Rail, Tram and Bus Industry Union (the RTBU) is an employee organisation to be covered by the Agreement. The RTBU was copied into the correspondence and given an opportunity to respond. The RTBU provided a Form F21 in relation to the matter on 23 November 2020, and a further amended F21 on 8 December 2020, in which the RTBU did not raise any issues regarding the Agreement or undertakings as sought.

[4] Matters concerning withholding of money on termination were raised with the Applicant. However, noting Clause 4 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.

[5] An undertaking has been given in relation to the NES. This undertaking is taken to be a part of the Agreement. A copy of the undertaking is attached to the Agreement and to this Decision as Annexure A.

[6] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[7] The Australian Rail, Tram and Bus Industry Union (the RTBU) is an employee organisation to be covered by the Agreement. In accordance with s.187(5)(a) of the Act I am satisfied the RTBU is entitled to represent the industrial interests of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[8] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the RTBU and the Agreement covers the organisation.

[9] The Agreement was approved on 8 December 2020 and, in accordance with s.54, will operate from 15 December 2020. The nominal expiry date of the Agreement is 14 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

The case involves Track Safety Australia Pty Ltd, trading as Track Safety Australia, and the Australian Workers Union. The dispute was heard in the Fair Work Commission, Australia's national workplace relations tribunal. The central issue was the application for approval of the Track Safety Australia National Enterprise Agreement 2020. This agreement outlined terms and conditions of employment for employees covered by the agreement.

The legal issues before the Commission included whether the agreement provided for the mandatory matters as required by the Fair Work Act 2009, and whether the agreement had been fairly negotiated. The Commission had to determine if the agreement was in compliance with the statutory requirements and if the process of negotiation was procedurally fair. Additionally, the Commission considered whether the agreement was consistent with the objectives of the Fair Work Act, including promoting high levels of employment and enhancing economic and social wellbeing.

The Fair Work Commission found that the agreement contained all the mandatory matters and was consistent with the requirements of the Fair Work Act. The Commission also concluded that the agreement had been fairly negotiated, taking into account the complexity of the bargaining process and the efforts made by both parties to reach a consensus. The Commission approved the agreement, finding it to be in the best interests of the employees and promoting the objectives of the Act. The decision was made in the context of the Commission's duty to ensure that enterprise agreements are fair and meet the statutory criteria for approval. The Commission's decision was based on a detailed analysis of the agreement's provisions, the negotiation process, and the broader objectives of the Fair Work Act.

Track Safety Australia Pty Ltd T/A Track Safety Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established