DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Rail Track T/A VicTrack
(AG2020/869)

VICTRACK ENTERPRISE AGREEMENT 2019 - 2020

Rail industry
COMMISSIONER YILMAZ	MELBOURNE, 8 APRIL 2020

Application for approval of the VicTrack Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the VicTrack Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Rail Track T/A VicTrack. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Rail, Tram and Bus Industry Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and in accordance with s.54, will operate from 15 April 2020. The nominal expiry date of the Agreement is 13 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the VicTrack Enterprise Agreement 2019-2020, between the respondent, Victorian Rail Track T/A VicTrack, and the unions representing the employees. The application was brought pursuant to section 235 of the Fair Work Act 2009, seeking the Commission's approval of the terms and conditions of employment as outlined in the agreement. The primary dispute centred on whether the agreement complied with the statutory requirements and if it was made in good faith and without coercion.

The central legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and if it met the criteria for approval under the Fair Work Act. This involved examining if the agreement was made in good faith, whether it was free from coercion, and if it complied with the procedural requirements set out in the Act. The Commission also had to determine if the agreement provided for the proper operation of the enterprise and whether it included the minimum entitlements prescribed by the Act.

In considering these issues, the Commission reviewed the evidence provided by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated, was free from coercion, and complied with the statutory requirements. The Commission also determined that the agreement was made in good faith and provided for the proper operation of the enterprise, including the provision of minimum entitlements. Consequently, the Commission approved the VicTrack Enterprise Agreement 2019-2020.

The Fair Work Commission approved the VicTrack Enterprise Agreement 2019-2020, effective from 1 July 2019 to 30 June 2020. The decision confirmed that the agreement met the necessary criteria for approval, including genuine negotiation, absence of coercion, and compliance with the Fair Work Act. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

Victorian Rail Track T/A VicTrack

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established