Adelaide Metro Operations Pty Ltd

[2025] FWCA 1129

[2025] FWCA 1129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Metro Operations Pty Ltd

(AG2025/729)

ADELAIDE METRO OPERATIONS ROLLING STOCK MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2025

Rail industry
COMMISSIONER FOX	MELBOURNE, 3 APRIL 2025

Application for approval of the Adelaide Metro Operations Rolling Stock Maintenance Employees Enterprise Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the Adelaide Metro Operations Rolling Stock Maintenance Employees Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Adelaide Metro Operations Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights which was provided to employees is one which pre-dates the 6 June 2023 reforms. Per s.188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical error made in relation to the requirements set out in s.174(1A) of the Act. I am satisfied that the employees to be covered by the Agreement were not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s.188(5) of the Act.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Abandonment of Employment: Clause 13.3 of the Agreement appears to provide that Employees will only be entitled to payment up to and including their last day of attended work where the Employee has abandoned their employment. Employees deemed to have abandoned their employment in accordance with this clause will not be afforded their minimum notice of termination entitlement as per s.117(3) of the Act.
• Substitution of Public Holidays: Clause 30.3 of the Agreement notes that public holidays falling on a weekend will be substituted in accordance with the Holidays Act 1910 (SA). Notwithstanding this, s.115(3) of the Act allows for public holidays to be substituted by agreement between the company and an individual employee.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 10 April 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

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Annexure A