Victorian Rail Track

[2013] FWCA 9193

FAIR WORK COMMISSION

DECISION

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

Victorian Rail Track
(AG2013/10081)

VICTRACK ENTERPRISE AGREEMENT 2012-2015

Rail industry
COMMISSIONER CARGILL	SYDNEY, 22 NOVEMBER 2013

Application for approval of the VicTrack Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as VicTrack Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Victorian Rail Track. 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 29 November 2013. The nominal expiry date is 13 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by VicTrack to the Fair Work Commission for the approval of the VicTrack Enterprise Agreement 2012-2015. The application was brought before the Commission due to a dispute concerning the terms and conditions of employment for the workers covered by the agreement. The Fair Work Commission was the body responsible for overseeing the approval of the agreement.

The legal issues that the Commission had to decide included whether the agreement complied with the relevant legislative provisions and whether it met the necessary standards for approval. The Commission also needed to consider whether the agreement adequately protected the rights and interests of the employees, particularly in terms of wages and other employment conditions. Another issue was whether the agreement had been negotiated in good faith and whether it provided for a fair and efficient workplace.

The Commission found that the VicTrack Enterprise Agreement 2012-2015 met the necessary standards for approval. The agreement contained provisions that were in line with the relevant legislative requirements and adequately protected the rights and interests of the employees. The Commission also determined that the agreement had been negotiated in good faith and provided for a fair and efficient workplace. Consequently, the Commission approved the agreement. The Commission found that the agreement was fair and reasonable, and it would not have an adverse effect on the employees or the broader community. The Commission was satisfied that the agreement provided for a balanced approach to the negotiation of wages and other employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established