DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VLine Corporation
(AG2020/2479)

V/LINE RAIL OPERATIONS AND ADMINISTRATIVE EMPLOYEES AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 SEPTEMBER 2020

Application for approval of the V/Line Rail Operations and Administrative Employees Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the V/Line Rail Operations and Administrative Employees Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VLine Corporation. The Agreement is a single enterprise agreement.

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

[3] I note that Clauses 18.4, 3 and 39.5 are inconsistent with the National Employment Standards. However, given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the VLine Corporation and the Rail, Tram and Bus Union. The dispute centred on the application for approval of the V/Line Rail Operations and Administrative Employees Agreement 2019. The matter was heard in the Fair Work Commission. The legal issues that needed to be resolved involved whether the agreement met the requirements under the Fair Work Act 2009 and whether the agreement was in the best interest of the employees.

The Fair Work Commission examined the terms of the agreement and whether it complied with the legislative framework. The Commission considered whether the agreement provided for minimum entitlements, protected employees' rights, and allowed for fair bargaining. The Commission also weighed the benefits and drawbacks of the agreement for the employees and whether it promoted harmonious, productive and cooperative workplace relations.

The Fair Work Commission determined that the V/Line Rail Operations and Administrative Employees Agreement 2019 was in compliance with the Fair Work Act 2009 and met the necessary criteria for approval. The Commission found that the agreement provided for minimum entitlements, protected employees' rights, and facilitated fair bargaining. Additionally, the Commission was satisfied that the agreement was in the best interests of the employees, promoting harmonious, productive and cooperative workplace relations. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the V/Line Rail Operations and Administrative Employees Agreement 2019, effective from the date of the decision. The agreement will now govern the employment conditions of the rail operations and administrative employees of the VLine Corporation. The decision ensures that the employees are provided with fair and reasonable terms of employment, while also promoting a productive and cooperative working environment.

VLine Corporation

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established