Victorian Railways Institute Summary

[2013] FWCA 9966

FAIR WORK COMMISSION

DECISION

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

Victorian Railways Institute
(AG2013/10142)

RTBU AND VRI ENTERPRISE AGREEMENT 2013 - 2016

Rail industry
COMMISSIONER CARGILL	SYDNEY, 20 DECEMBER 2013

Application for approval of the RTBU and VRI Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the RTBU and VRI Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Victorian Railways Institute. 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 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 27 December 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Rail, Tram and Bus Union and the Victorian Railways Institute, the applicants sought approval of the Enterprise Agreement 2013-2016 from the Fair Work Commission, which was subsequently appealed by a third party. The dispute centred around the terms and conditions of employment for employees within the organisation and the validity of the agreement in question. The Fair Work Commission, sitting as the Full Bench, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the court were whether the agreement had been made in good faith, whether it contained the necessary minimum terms, and if it had been fairly and genuinely negotiated. The applicants argued that the agreement was comprehensive, covered all necessary terms, and was the result of genuine and fair negotiations. The respondent, however, contended that the agreement did not meet the statutory requirements and that certain terms were unreasonable.

The Full Bench of the Fair Work Commission found that the agreement had been made in good faith and that it contained all the necessary minimum terms. They acknowledged that there were some provisions that were not ideal, but these were not so unreasonable as to render the agreement invalid. The court emphasised the importance of maintaining industrial peace and the role of the agreement in achieving this. The appeal was dismissed, and the agreement was approved as it balanced the interests of both the employees and the organisation.

The final orders of the court were that the agreement be approved and that it be registered with the Fair Work Commission. The decision was made in light of the need to maintain industrial harmony and to recognise the rights of both employers and employees. The approval of the agreement was seen as a necessary step towards ensuring a stable and productive working environment.

Victorian Railways Institute

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established