DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Watco Transportation Services Pty Ltd
(AG2018/63)

WATCO WA TRANSPORTATION SERVICES PTY LTD AND THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION (WA BRANCH) RAIL OPERATIONS ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Watco WA Transportation Services Pty Ltd and The Australian Rail, Tram and Bus Industry Union (WA Branch) Rail Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Watco WA Transportation Services Pty Ltd and The Australian Rail, Tram and Bus Industry Union (WA Branch) Rail Operations 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 Watco Transportation Services 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] 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.

[5] The Australian Rail, Tram and Bus Industry 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Watco Transportation Services Pty Ltd, sought approval of the 2017 Rail Operations Enterprise Agreement with the Australian Rail, Tram and Bus Industry Union (WA Branch). The application was made before the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval as a simplified procedure agreement. The Commission needed to determine whether the agreement contained all the mandatory terms and conditions, and if it was made in good faith and without coercion.

The key legal issues for the Commission were whether the agreement provided for all the mandatory terms and conditions set out in the Fair Work Act and whether it was made in compliance with the good faith and no coercion requirements. The Commission also considered whether the agreement was consistent with the objects of the Act, specifically promoting high levels of employment and workplace participation, and facilitating efficient and productive workplace relations. The Commission had to assess whether the agreement adequately addressed these objectives.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement did contain all the mandatory terms and conditions and was made in good faith without coercion. The Commission determined that the agreement was consistent with the objects of the Act and promoted high levels of employment and workplace participation. The Commission also found that the agreement facilitated efficient and productive workplace relations. As a result, the Commission approved the agreement under section 176 of the Fair Work Act.

The Fair Work Commission approved the 2017 Rail Operations Enterprise Agreement between Watco Transportation Services Pty Ltd and the Australian Rail, Tram and Bus Industry Union (WA Branch). The Commission found that the agreement met all the requirements for approval under the Fair Work Act and was consistent with the objects of the Act. The approval of the agreement facilitates efficient and productive workplace relations between the parties.

Watco Transportation Services 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