DECISION

Fair Work Act 2009
s.185—Enterprise agreement

V/Line Pty Ltd
(AG2016/6932)

V/LINE RAIL OPERATIONS ENTERPRISE AGREEMENT 2015-2019

Rail industry
COMMISSIONER LEE	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the V/Line Rail Operations Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the V/Line Rail Operations Enterprise Agreement 2015-2019 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, has 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

V/Line Pty Ltd is the subject of an application for the approval of the V/Line Rail Operations Enterprise Agreement 2015-2019, which was brought before the Fair Work Commission. The dispute centres around the terms and conditions of employment for the employees of V/Line, a major rail operator in Victoria. The legal issues before the Commission involved whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in compliance with the procedural fairness requirements and if it contained any terms that were contrary to the public interest.

The Fair Work Commission carefully considered the procedural fairness aspects of the application, ensuring that the employees and their representatives were given an adequate opportunity to participate in the negotiation process. The Commission also assessed whether the agreement contained any terms that could be seen as detrimental to the public interest, such as those that might compromise safety or the provision of essential services. After thorough examination, the Commission concluded that the V/Line Rail Operations Enterprise Agreement 2015-2019 did not contravene any legal requirements and was in the public interest. Consequently, the application for approval was granted.

In summary, the Fair Work Commission found that the V/Line Rail Operations Enterprise Agreement 2015-2019 was compliant with the Fair Work Act 2009 and did not contain any terms that were against the public interest. The Commission approved the agreement, allowing it to come into effect as a binding enterprise agreement for the employees of V/Line. This decision ensures that the terms and conditions of employment are legally sound and beneficial for both the employees and the employer.

V/Line Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established