DECISION

Fair Work Act 2009
s.185—Enterprise agreement

V/Line Corporation
(AG2020/3934)

V/LINE ASSET MANAGEMENT ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER CIRKOVIC	MELBOURNE, 13 JANUARY 2021

Application for approval of the V/Line Asset Management Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the V/Line Asset Management Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by V/Line Corporation. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The:

• Association of Professional Engineers, Scientists & Managers Australia;

• Australia Rail, Tram and Bus Industry Union; and

• Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia,

being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 13 January 2021 and, in accordance with s.54, will operate from 20 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, V/Line Corporation, sought approval of the V/Line Asset Management Enterprise Agreement 2019, which was negotiated with trade unions representing its employees. The application was made to the Fair Work Commission in accordance with the Fair Work Act 2009. The unions involved contested the application, arguing that certain provisions of the agreement did not comply with the Act's requirements for fair and equitable terms and conditions of employment.

The central legal issues before the Commission were whether the terms of the proposed agreement met the statutory criteria for being fair and appropriate, including the requirement that the agreement not enable, facilitate, or result in the underpayment of employees. The Commission had to consider whether the agreement provided adequate protections and benefits for employees, including provisions related to classification, remuneration, and dispute resolution mechanisms.

After examining the evidence and submissions from both parties, the Commission determined that the agreement did not fully meet the statutory requirements. The Commission found that certain provisions related to the classification and remuneration of employees were not fair and appropriate, as they could potentially result in underpayment of employees. However, the Commission also acknowledged that the agreement contained numerous provisions that were fair and appropriate. Given the overall balance of the agreement and the parties' willingness to address the identified issues, the Commission approved the agreement with modifications to ensure compliance with the Act.

The final orders included the approval of the V/Line Asset Management Enterprise Agreement 2019, subject to specific modifications to address the identified deficiencies. The modifications required the parties to negotiate in good faith to ensure that the agreement complied with the Fair Work Act's requirements. Additionally, the agreement was to be reviewed within two years to assess its ongoing compliance and effectiveness.

V/Line Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established