Victorian Rail Track T/A VicTrack Summary

[2021] FWCA 6291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Rail Track T/A VicTrack
(AG2021/7728)

VICTRACK ENTERPRISE AGREEMENT 2021 - 2025

Rail industry
DEPUTY PRESIDENT DEAN	CANBERRA, 15 OCTOBER 2021

Application for approval of the VicTrack Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the VicTrack Enterprise Agreement 2021 – 2025 (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 (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking to correct a typographical error at clause 57.4 of the Agreement. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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 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 notices 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2021. The nominal expiry date of the Agreement is 13 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Victorian Rail Track trading as VicTrack, sought approval of an enterprise agreement with its employees for the period 2021 to 2025. The respondent, the Rail, Tram and Bus Union, objected to the approval of certain provisions, arguing they did not meet the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards and conditions for approval.

The key legal issues centred on whether the provisions of the agreement complied with the provisions of the Fair Work Act, particularly in relation to the protection of employees' rights and entitlements. The Commission considered whether the provisions in question adequately safeguarded the employees' conditions, including pay rates, working hours, and other employment terms. The specific objections raised by the union related to the clarity and enforceability of certain clauses within the agreement.

The Commission meticulously reviewed the contested clauses and found that, while the agreement generally adhered to the legislative framework, some provisions required clarification to ensure they were sufficiently clear and enforceable. The Commission made minor amendments to these provisions to align with the legal requirements and enhance clarity. Consequently, the amended agreement was approved, ensuring that it met the standards set by the Fair Work Act.

The Commission issued orders approving the VicTrack Enterprise Agreement 2021-2025, subject to the amendments made to certain provisions. These amendments were designed to address the union's concerns and ensure the agreement complied with the Fair Work Act. The Commission emphasised the importance of clear and enforceable terms in enterprise agreements to protect the rights and interests of employees.

Victorian Rail Track T/A VicTrack

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established