Transfield Services (Australia) Pty Limited

[2015] FWCA 4564

[2015] FWCA 4564

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Limited
(AG2015/3103)

TRANSFIELD SERVICES LIMITED (RAIL INFRASTRUCTURE MAINTENANCE SERVICES - AL) ENTERPRISE AGREEMENT 2015 -2018

Rail industry
DEPUTY PRESIDENT SAMS	SYDNEY, 8 JULY 2015

Application for approval of the Transfield Services Limited (Rail Infrastructure Maintenance Services - AL) Enterprise Agreement 2015-2018.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Transfield Services (Australia) Pty Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Transfield Services Limited (Rail Infrastructure Maintenance Services – AL) Enterprise Agreement 2015-2018 (the ‘Agreement’). The Agreement was negotiated with the Australian Rail, Tram and Bus Industry Union (the ‘Union’) and is to cover 6 employees employed as Tradespersons with Electrical/Mechanical/Signalling/Track Inspection qualifications, based in Mascot, New South Wales. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 27 January 2015 and voting for the Agreement’s approval took place on 11 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 4 of the 6 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr J Lee, Manager, Industrial Relations identified the Rail Industry Award 2010 [MA000015] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Leesaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher rates of pay and more generous allowances. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 44 and 45 respectively, and a disputes resolution procedure at clause 11 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 1 July 2015, Mr J Lee appeared for the applicant. Mr Lee outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased by 3.333%on Saturday 4 July 2015, Saturday 2 July 2016 and then 1 July 2017. The Union did not appear, but had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Transfield Services Limited (Rail Infrastructure Maintenance Services – AL) Enterprise Agreement 2015-2018.Pursuant to s 54 of the Act, the Agreement shall operate from 8 July 2015 and have a nominal expiry date of 8 July 2018.

DEPUTY PRESIDENT

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