Transfield Services (Australia) Pty Ltd

[2013] FWCA 4720

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2013/1902)

TRANSFIELD SERVICES (SA RAIL) RAIL TRACK INFRASTRUCTURE MAINTENANCE WORKPLACE AGREEMENT 2013-2016

Rail industry
COMMISSIONER CARGILL	SYDNEY, 16 JULY 2013

Application for approval of the Transfield Services (SA Rail) Rail Track Infrastructure Maintenance Workplace Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (SA Rail) Rail Track Infrastructure Maintenance Workplace Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transfield Services (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 July 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, SA Branch, Australian Rail, Tram and Bus Industry Union, South Australian/Northern Territory Branch and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers each organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2013. The nominal expiry date is 25 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Transfield Services (Australia) Pty Ltd for approval of the Transfield Services (SA Rail) Rail Track Infrastructure Maintenance Workplace Agreement 2013 - 2016. The application was brought under the Fair Work Act 2009, and the dispute pertained to whether the agreement met the requirements for approval under the legislation, particularly focusing on its compliance with the Better Off Overall Test (BOOT). The respondents to the application included various unions representing employees within the rail maintenance sector.

The primary legal issues before the Commission were whether the proposed agreement was genuinely a workplace agreement, whether it complied with the BOOT, and if the agreement met the procedural requirements as stipulated in the Fair Work Act. The unions argued that the agreement did not satisfy the BOOT, asserting that employees would be worse off under the new agreement compared to their previous conditions. The Commission needed to assess the merits of these arguments and determine if the agreement provided sufficient benefits to employees to outweigh any detriments.

In delivering its decision, the Fair Work Commission found that the agreement did indeed satisfy the procedural requirements and was genuinely a workplace agreement. The Commission considered various factors, including the financial implications for the employees, the provisions of the agreement, and the overall benefits to the workforce. After careful analysis, the Commission concluded that the agreement did meet the BOOT, as the benefits provided to employees under the new terms and conditions were sufficient to outweigh any disadvantages. Consequently, the Commission approved the agreement, allowing it to come into effect as intended.

The Fair Work Commission ordered the approval of the Transfield Services (SA Rail) Rail Track Infrastructure Maintenance Workplace Agreement 2013 - 2016, determining that it met all the necessary legislative requirements and passed the Better Off Overall Test. This decision ensures that the agreement can be implemented, providing a new framework for the employment conditions of the rail track infrastructure maintenance workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established