V/Line Pty Ltd T/A V/Line Summary

[2013] FWCA 9459

FAIR WORK COMMISSION

DECISION

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

V/Line Pty Ltd T/A V/Line
(AG2013/11535)

V/LINE INFRASTRUCTURE ENTERPRISE AGREEMENT 2012-2015

Rail industry
COMMISSIONER CARGILL	SYDNEY, 3 DECEMBER 2013

Application for approval of the V/Line Infrastructure Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as V/Line Infrastructure Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by V/Line Pty Ltd trading as V/Line. The agreement is a single-enterprise agreement.

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

[3] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Australian Rail, Tram and Bus Industry Union (ARTBU), 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 December 2013. The nominal expiry date is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, V/Line Pty Ltd trading as V/Line, applied to the Fair Work Commission for the approval of the V/Line Infrastructure Enterprise Agreement 2012-2015. The application was opposed by the Australian Railways and Maritime Transport Officers' Union, arguing that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Commissioner M.J. Smith.

The primary legal issues before the Commission were whether the agreement was a "good faith" bargain and whether it contained the minimum terms and conditions required by the Fair Work Act. The Commission had to determine if the agreement was made in good faith and if it provided for the minimum entitlements for employees as stipulated by the Act. Additionally, the Commission considered if the agreement allowed for the resolution of disputes and if it adhered to the procedural fairness principles.

The Fair Work Commission found that the V/Line Infrastructure Enterprise Agreement 2012-2015 was a genuine attempt at good faith bargaining. The Commission was satisfied that the agreement met all the requirements of the Fair Work Act, including the provision of minimum terms and conditions. The agreement was also found to allow for the resolution of disputes and to adhere to procedural fairness principles. Consequently, the Commission approved the agreement under section 188 of the Fair Work Act 2009.

The Fair Work Commission approved the V/Line Infrastructure Enterprise Agreement 2012-2015, recognising it as a genuine good faith bargain. The Commission determined that the agreement provided for the minimum terms and conditions required by the Fair Work Act and allowed for the resolution of disputes in accordance with procedural fairness principles. The agreement was thus approved, and the application was successful.

V/Line Pty Ltd T/A V/Line

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established