DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Voestalpine Railway Systems Australia Pty Ltd
(AG2020/2936)

VOESTALPINE RAILWAY SYSTEMS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 NOVEMBER 2020

Application for approval of the Voestalpine Railway Systems Australia Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Voestalpine Railway Systems Australia Pty Ltd 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] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Voestalpine Railway Systems Australia Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2020. The application was made under section 231 of the Fair Work Act 2009, which provides that an enterprise agreement can only be approved if it meets certain "better off overall test" requirements. The agreement was to apply to certain employees of the company and was intended to regulate their terms and conditions of employment.

The legal issues before the Commission were whether the agreement met the requirements of section 173 of the Act, including the "better off overall test" and whether it contained any provisions that were contrary to public policy. The Commission had to consider the evidence and submissions from both the applicant and other interested parties, including the unions representing the employees.

After considering the evidence and submissions, the Commission determined that the agreement did meet the requirements of the Act, including the "better off overall test". The Commission found that the agreement provided for a fair and reasonable outcome for the employees and did not contain any provisions that were contrary to public policy. The Commission approved the agreement and made an order under section 232 of the Act approving the Enterprise Agreement 2020.

The Commission's decision was based on a detailed analysis of the evidence and submissions, and its consideration of the relevant legal principles. The order approving the agreement is binding on all parties and can only be varied or terminated in accordance with the provisions of the Act.

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