DECISION

Fair Work Act 2009
s.185—Enterprise agreement

voestalpine Railway Systems Australia Pty Ltd
(AG2021/6187)

VOESTALPINE RAILWAY SYSTEMS AUSTRALIA PTY LTD BATHURST WORKSHOP ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 23 JULY 2021

Application for approval of the voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by voestalpine Railway Systems Australia Pty Ltd. 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 clause 32.6 (Unpaid Carer’s Leave) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). 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.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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 30 July 2021. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves voestalpine Railway Systems Australia Pty Ltd, a company engaged in the railway industry, and its employees. The dispute centred on the application for approval of the voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2020. The matter was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia.

The legal issues that the Commission was required to address involved whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process through which it was formed and its content. The employees argued that the agreement had not been fairly negotiated, and that certain provisions were not in their best interests. The company, on the other hand, maintained that the agreement was the product of good faith bargaining and was fair and reasonable.

In rendering its decision, the Commission examined the process by which the agreement was negotiated and whether it complied with the relevant provisions of the Act. It also considered whether the agreement contained terms that were fair and reasonable, and whether it was in the best interests of the employees. The Commission found that while there were some procedural issues with the negotiation process, the overall fairness of the agreement and its terms were not compromised to the extent that it should not be approved. The Commission concluded that the agreement was fair and reasonable and approved it.

The Fair Work Commission approved the voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2020, finding that it met the requirements of the Fair Work Act 2009. The Commission's decision is a reminder of the importance of ensuring that enterprise agreements are negotiated in good faith and are fair and reasonable, while also taking into account the best interests of the employees.

voestalpine Railway Systems Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established