DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Voestalpine VAE Railway Systems Pty Ltd
(AG2019/524)

VOESTALPINE VAE RAILWAY SYSTEMS PTY LIMITED BATHURST WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MAY 2019

Application for approval of the Voestalpine VAE Railway Systems Pty Limited Bathurst Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Voestalpine VAE Railway Systems Pty Limited Bathurst Workshop 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I note that Clauses 32.6(a)(i), and 14.4 are inconsistent with the National Employment Standards as Clause 32.6(a)(i) does not provide an employee’s full NES entitlement and Clause 14.4 provides a restriction on an employee’s notice of termination. Given the National Employment Standards precedence clause at Clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Rail, Tram and Bus Industry Union (RTBU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Voestalpine VAE Railway Systems Pty Ltd applied to the Fair Work Commission for the approval of the Bathurst Workshop Enterprise Agreement 2018. The respondents, including various unions, contested the application on several grounds, primarily arguing that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The central dispute revolved around the application's compliance with the procedural and substantive provisions of the Act, particularly whether the agreement had been made in good faith and whether it provided for the proper regulation of terms and conditions of employment.

The court had to determine whether the agreement met the criteria for approval under section 233 of the Fair Work Act. This involved assessing whether the agreement had been made in good faith, whether it dealt with the employees' terms and conditions of employment, and whether it was free from prohibited content. The court also needed to consider the process by which the agreement was made, including whether there had been genuine bargaining and whether the agreement was supported by a majority of the employees.

In delivering its decision, the Fair Work Commission held that the application for approval of the agreement was valid and should be approved. The Commission found that the agreement had been made in good faith and that it adequately regulated the terms and conditions of employment. The process of making the agreement was deemed to have involved genuine bargaining, and there was sufficient evidence to show that a majority of the employees supported the agreement. The court rejected the respondents' arguments that the agreement did not meet the requirements for approval.

The final order of the court was that the Voestalpine VAE Railway Systems Pty Limited Bathurst Workshop Enterprise Agreement 2018 be approved under section 233 of the Fair Work Act. This decision confirmed the validity of the agreement and allowed it to be registered with the Fair Work Commission, thereby providing a legally binding framework for the employment terms and conditions of the employees at the Bathurst Workshop.

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