Voestalpine Railway Systems Australia Pty Ltd Summary

[2022] FWCA 4424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Voestalpine Railway Systems Australia Pty Ltd

(AG2022/4934)

voestalpine Railway Systems Australia Ply Ltd Bathurst Workshop Enterprise Agreement 2022-2024

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 16 DECEMBER 2022

Application for approval of the voestalpine Railway Systems Australia Ply Ltd Bathurst Workshop Enterprise Agreement 2022-2024

Voestalpine Railway Systems Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the voestalpine Railway Systems Australia Ply Ltd Bathurst Workshop Enterprise Agreement 2022-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union and the Australian Rail, Tram and Bus Industry Union (together, the organisations), 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), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 16 December 2022 and, in accordance with s 54, will operate from 23 December 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Voestalpine Railway Systems Australia Pty Ltd, an employer, and the Transport Workers Union, a trade union representing the employees. The dispute revolved around the application for the approval of the Voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2022-2024. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues before the court were to determine whether the Enterprise Agreement met the requirements under the Fair Work Act 2009. Specifically, the court needed to ensure that the agreement was free from any contravention of the act, covered all relevant employees, and was made in good faith. Furthermore, the court had to confirm that the agreement provided for minimum entitlements, including wages and other conditions of employment, as well as any other terms and conditions of employment that were negotiated between the parties.

In examining the evidence presented, the court found that the Enterprise Agreement satisfied all the statutory requirements under the Fair Work Act 2009. The court concluded that the agreement was free from any contraventions of the act and was made in good faith. Moreover, the court was satisfied that the agreement covered all relevant employees and provided for their minimum entitlements, as well as other negotiated terms and conditions of employment. Therefore, the court approved the Voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2022-2024.

Voestalpine Railway Systems Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established