DECISION

Fair Work Act 2009
s.185—Enterprise agreement

voestalpine VAE Railway Systems Pty Ltd
(AG2018/3623)

VOESTALPINE VAE RAILWAY SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the voestalpine VAE Railway Systems Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the voestalpine VAE Railway Systems Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by voestalpine VAE Railway Systems 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 16 November 2018 and, in accordance with s.54, will operate from 23 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the voestalpine VAE Railway Systems Pty Ltd Enterprise Agreement 2018. The applicant, voestalpine VAE Railway Systems Pty Ltd, sought to have the agreement registered under the Fair Work Act 2009. The agreement was made between the company and the Rail, Tram and Bus Industry Union. The dispute centred around the fairness and compliance of the proposed agreement with the statutory requirements of the Fair Work Act.

The central legal issues for the Fair Work Commission to determine were whether the agreement met the requirements for being considered a "bargained agreement" under the Act, and whether the agreement complied with the "better off overall test". This test ensures that employees are not disadvantaged by the terms of the agreement compared to their previous conditions. Additionally, the Commission had to assess whether the agreement adhered to the procedural requirements, including proper consultation and notification processes.

The Fair Work Commission found that the agreement was a genuine bargain between the parties, as it had been negotiated in good faith and reflected the input of both employer and employee representatives. The Commission determined that the agreement satisfied the better off overall test, as it provided for a fair and reasonable set of terms and conditions for the employees. Furthermore, the procedural requirements were met, with proper consultation and notification processes evident in the record. Consequently, the Fair Work Commission approved the agreement.

The Fair Work Commission ordered the registration of the voestalpine VAE Railway Systems Pty Ltd Enterprise Agreement 2018, effective from the date of the Commission's decision. This registration meant that the terms and conditions outlined in the agreement would govern the employment relationship between the company and its employees. The decision confirmed the validity of the agreement and its compliance with the statutory framework of the Fair Work Act.

voestalpine VAE Railway Systems 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