DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zero 05 Pty Limited T/A CR Rail
(AG2015/4551)

C R RAIL ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2015

Application for approval of the C R Rail Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the C R Rail Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zero 05 Pty Limited T/A CR Rail. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 14 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zero 05 Pty Limited, trading as CR Rail, sought approval of the CR Rail Enterprise Agreement 2015-2019 from the Fair Work Commission. The agreement was the result of negotiations between the employer and the Australian Railway and Maritime Transport Officers Union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issue was whether the agreement contained all the mandated minimum terms and conditions as outlined in the Fair Work Act. Specifically, the court needed to determine if the agreement provided for minimum wages, conditions, and entitlements as required by law. Additionally, the court examined whether the agreement was procedurally fair, given the process by which it was negotiated and whether it adequately represented the interests of the employees.

In delivering its decision, the Fair Work Commission found that the agreement satisfied all the statutory requirements and was fair and reasonable in terms of the representation of employee interests. The Commission noted that the agreement included all necessary minimum terms and conditions, and that the process of negotiation was transparent and inclusive. The Commission concluded that the agreement was in the best interests of the employees, taking into account their needs and the economic circumstances of the enterprise.

As a result of the Commission's findings, approval was granted for the CR Rail Enterprise Agreement 2015-2019 to take effect. The agreement was deemed to be compliant with the Fair Work Act and was recognised as a valid enterprise agreement. This decision provided certainty and stability for both the employer and the employees moving forward.

Zero 05 Pty Limited T/A CR Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established