Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2017] FCA 1494

FEDERAL COURT OF AUSTRALIA

Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2017] FCA 1494 File number: VID 901 of 2017

Judge: O'CALLAGHAN J

Date of judgment: 11 December 2017

Catchwords: INDUSTRIAL LAW – application for declaratory relief – construction of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019 – whether cl 3 of Sch 1 to the agreement requires the respondent to provide the same training to "conversion drivers" as novice drivers – whether such training is to be limited to certain regional operating groups within the Melbourne metropolitan rail network – admissibility of pre-agreement negotiations – whether respondent proposes to contravene s 50 of the Fair Work Act 2009 (Cth) by reason of breach of cl 3 of Sch 1 to the agreement

Legislation: Fair Work Act 2009 (Cth), s 50 National Vocational Education and Training Regulator Act 2011 (Cth) Standards for Registered Training Organisations (RTOs) 2015

Cases cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 Branir v Owston Nominees (No 2) (2001) 117 FCR 424 Byrnes v Kendle (2011) 243 CLR 253 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Kucks v CSR Ltd (1996) 66 IR 182 L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235 Macdonald v Shinko Australia Pty Ltd [1999] 2 Qd R 152 Secured Income Real Estate v St Martins Investments Pty Ltd (1979) 144 CLR 596 Transport Workers' Union of Australia v Linfox Australia Pty Ltd (2014) 318 ALR 54