V/Line Pty Ltd T/A V/Line

[2013] FWCA 7563

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
(AG2013/9524)

V/LINE RAIL OPERATIONS ENTERPRISE AGREEMENT 2012-2015

Rail industry
COMMISSIONER CARGILL	SYDNEY, 2 OCTOBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the V/Line Rail Operations 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 T/A V/Line (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 Australian Rail, Tram and Bus Industry Union (ARTBIU) 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, will operate from 9 October 2013. The nominal expiry date is 30 June 2015.

[5] It should be noted that Table 8 - Allowances (other than Locomotive Operating Grade Employees) contains incorrect rates for the Conductor Overtime Meal allowance. A Table which contains the correct rates is attached to this decision. Also attached to the decision are two letters from V/Line to the ARBTIU concerning the continued operation of certain provisions.

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 Rail Operations Enterprise Agreement 2012-2015. The applicant argued that the agreement was made in good faith, and that it complied with all relevant legislative provisions. The applicant sought an order approving the agreement, as well as an order that the agreement be registered by the Registrar of the Commission.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it complied with the legislative requirements, and whether it was appropriate for the agreement to be approved and registered. The Commission considered the evidence presented by both parties and examined the agreement in detail. The Commission found that the agreement was made in good faith and that it complied with all relevant legislative provisions. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees, and that it was appropriate for the agreement to be approved and registered.

In light of the above findings, the Fair Work Commission approved the V/Line Rail Operations Enterprise Agreement 2012-2015 and ordered that it be registered by the Registrar of the Commission. The Commission considered that the agreement provided for a fair and reasonable outcome for both the employer and employees, and that it would promote harmonious, productive and cooperative workplace relations. The Commission also noted that the agreement included provisions for the resolution of disputes and the protection of employee rights, which were in line with the principles of the Fair Work Act 2009. Overall, the Commission was satisfied that the agreement was appropriate for approval and registration, and that it would serve the interests of both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established