DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wabtec Control Systems Pty Ltd
(AG2017/258)

WABTEC CONTROL SYSTEMS PTY LTD AUSTRALIAN ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the Wabtec Control Systems Pty Ltd Australian Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wabtec Control Systems Pty Ltd Australian Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wabtec Control Systems Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2017. The nominal expiry date of the Agreement is 23 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wabtec Control Systems Pty Ltd applied to the Fair Work Commission for approval of the Wabtec Control Systems Pty Ltd Australian Enterprise Agreement 2017. The agreement was between the employer and employees represented by the Rail, Tram and Bus Industry Union. The dispute involved the terms and conditions of employment, including wages, hours of work, and other provisions as outlined in the proposed agreement. The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements in Australia.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including the provisions regarding good faith bargaining, coverage, and the rights of employees. The Commission also had to determine whether the agreement met the criteria for being "free, fair and valid," which includes ensuring that employees had genuinely been able to negotiate and that the agreement did not unfairly disadvantage any party. Additionally, the Commission needed to assess if the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed agreement met the necessary requirements under the Fair Work Act. The Commission concluded that the agreement had been negotiated in good faith, covered the appropriate employees, and provided for fair and reasonable terms and conditions. The Commission was satisfied that employees had genuinely participated in the negotiation process and that the agreement did not unfairly disadvantage any party. Consequently, the Commission approved the Wabtec Control Systems Pty Ltd Australian Enterprise Agreement 2017.

The Fair Work Commission approved the proposed agreement, recognising its compliance with the statutory requirements and its fair and reasonable nature. This decision affirmed the terms and conditions outlined in the agreement, allowing it to take effect as a legally binding enterprise agreement between the employer and the employees represented by the union.

Wabtec Control 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