DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Track Safety Australia Pty Ltd T/A Track Safety Australia
(AG2020/1488)

TRACK SAFETY AUSTRALIA VIC ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 JULY 2020

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

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

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. 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.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Rail, Tram and Bus Industry Union (RTBU) is entitled to represent the industrial interests of a majority 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 as required by s.187(5)(b).

[4] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Track Safety Australia Pty Ltd, trading as Track Safety Australia, applied for the approval of the Track Safety Australia Vic Enterprise Agreement 2020. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around the terms of the enterprise agreement, specifically whether it met the 'better off overall' test and whether it complied with the requirements of the Fair Work Act.

The legal issues before the court involved determining if the agreement was in the best interests of the employees, if it provided a fair and reasonable outcome, and if it complied with the statutory requirements. The court had to assess whether the agreement provided employees with a sufficient increase in pay and conditions to be considered 'better off overall'. Additionally, the court needed to ensure that the agreement did not unfairly disadvantage any group of employees and that it adhered to the procedural and substantive requirements of the Fair Work Act.

The court found that the Track Safety Australia Vic Enterprise Agreement 2020 did indeed meet the 'better off overall' test. The agreement provided employees with a 3% pay increase over a three-year period, which was considered fair and reasonable. The court also determined that the agreement was procedurally and substantively compliant with the Fair Work Act. The agreement was approved, and the Fair Work Commission determined that the employees would be better off with the terms of the agreement than without it.

No further orders were made by the court. The approval of the enterprise agreement was upheld, and the agreement was set to take effect from the specified date. The decision confirmed the validity of the agreement and provided clarity for both the employer and the employees regarding their rights and obligations under the new terms.

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