DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Voestalpine VAE Railway Systems Pty Ltd
(AG2016/5285)

VOESTALPINE VAE RAILWAY SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Voestalpine VAE Railway Systems Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Voestalpine VAE Railway Systems Pty Ltd Enterprise Agreement 2016 (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] 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. 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Manufacturing and Workers’ Union 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 6 October 2016 and, in accordance with s.54, will operate from 13 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Voestalpine VAE Railway Systems Pty Ltd recently applied for approval of their 2016 Enterprise Agreement before the Fair Work Commission. The applicant sought to have the agreement certified as a simplified low-paid enterprise agreement, which would exempt it from the usual full arbitration process and allow for quicker and more streamlined implementation. The dispute arose as the company aimed to standardise working conditions and terms across their workforce, while the union representing the employees contested certain provisions of the agreement.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for a simplified low-paid enterprise agreement under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, if it provided for reasonable terms and conditions, and if it was in the best interests of the employees. Additionally, the Commission had to assess if the agreement contained any unfair provisions that would disqualify it from being a simplified low-paid enterprise agreement.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the negotiation process, the content of the agreement, and its impact on the employees. The Commission concluded that the agreement was genuinely negotiated and provided for reasonable terms and conditions. It found that the agreement did not contain any unfair provisions and was in the best interests of the employees. Consequently, the Commission approved the Enterprise Agreement as a simplified low-paid enterprise agreement.

As a result of the approval, the Voestalpine VAE Railway Systems Pty Ltd Enterprise Agreement 2016 will now be implemented, providing the company with streamlined processes for managing its workforce and ensuring standardised working conditions. The employees covered by the agreement will benefit from the terms and conditions negotiated between the company and the union.

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