Aurora Rail Services Pty Ltd

[2018] FWCA 2332

[2018] FWCA 2332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aurora Rail Services Pty Ltd
(AG2018/948)

AURORA RAIL SERVICES INFRASTRUCTURE AGREEMENT 2016

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 APRIL 2018

Application for approval of the Aurora Rail Services Infrastructure Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aurora Rail Services Infrastructure Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aurora Rail 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2018. The nominal expiry date of the Agreement is 30 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE428124  PR606279>

Annexure A