Voestalpine Railway Systems Australia Pty Ltd

[2022] FWCA 3160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Voestalpine Railway Systems Australia Pty Ltd

(AG2022/3670)

voestalpine Railway Systems Australia Pty ltd Mackay Enterprise Agreement 2022-2024

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 13 SEPTEMBER 2022

Application for approval of the voestalpine Railway Systems Australia Pty Ltd Mackay Enterprise Agreement 2022-2024

Voestalpine Railway Systems Australia Pty Ltd has applied for approval of an enterprise agreement known as the voestalpine Railway Systems Australia Pty Ltd Mackay Enterprise Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings 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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 18.10(d) – Public Holidays;
·   Clause 21.1(h) – Termination of Employment for Reasons Other Than Misconduct; and
·   Clause 24 – Abandonment of Employment.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Voestalpine Railway Systems Australia Pty Ltd applied for approval of the voestalpine Railway Systems Australia Pty Ltd Mackay Enterprise Agreement 2022-2024. The applicant is an employer in the heavy rail industry, and the application was made by the applicant's representative. The respondent, the Rail, Tram and Bus Union, opposed the application. The dispute centred around the proposed terms and conditions of employment in the agreement, with the union arguing that certain provisions were unfair and did not meet the standards required by the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the relevant provisions of the Fair Work Act, and whether it was appropriate for the agreement to be approved. The court had to consider the submissions from both parties and any relevant evidence to determine if the agreement met the necessary standards.

The court found that the agreement did provide for fair and reasonable terms and conditions of employment and was in compliance with the Fair Work Act. The court considered the arguments made by the union and found that the provisions in question were not unfair. The court also found that the agreement was appropriate for approval, taking into account the overall balance of the agreement and the benefits it provided to employees. The court approved the agreement, allowing it to come into effect from the specified date.

The final orders of the court were that the voestalpine Railway Systems Australia Pty Ltd Mackay Enterprise Agreement 2022-2024 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would have legal effect from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established