DECISION

Fair Work Act 2009
s.185—Enterprise agreement

V/Line Pty Ltd T/A V/Line
(AG2016/7635)

V/LINE INFRASTRUCTURE ENTERPRISE AGREEMENT 2015-2019

Rail industry
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the V/Line Infrastructure 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 T/A V/Line. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement contained a minor error in clause 5.4.6(c)(iii). Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Australian Rail, Tram and Bus Industry Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by V/Line Pty Ltd, trading as V/Line, to have the V/Line Infrastructure Enterprise Agreement 2015-2019 approved as a registered agreement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those concerning the approval process for enterprise agreements. The Commission was tasked with determining if the agreement met the criteria for registration, including whether it was made in good faith and whether the necessary consultation and bargaining processes had been followed.

The key legal issues before the Commission involved assessing whether the agreement was genuinely negotiated between the parties, whether it contained the minimum terms and conditions as required by the Act, and whether the process leading to the agreement's formation was in compliance with statutory requirements. The Commission also considered whether there were any procedural flaws in the application that would render the agreement invalid. The central question was whether the agreement could be registered as a valid enterprise agreement under the Fair Work Act.

In reaching its decision, the Commission examined the evidence provided by both parties, focusing on the negotiation process, the consultation efforts, and the content of the agreement. It was determined that the agreement was indeed made in good faith and that the necessary procedural steps had been followed. The Commission found that the agreement contained all the mandated minimum terms and conditions, and that it met the statutory requirements for registration. After careful consideration, the Commission concluded that the V/Line Infrastructure Enterprise Agreement 2015-2019 was valid and could be registered.

Accordingly, the Commission approved the application for registration of the V/Line Infrastructure Enterprise Agreement 2015-2019 as a registered agreement under the Fair Work Act 2009. This decision ensures that the agreement is legally binding and enforceable between the parties involved.

V/Line Pty Ltd T/A V/Line

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established