Australian Rail Track Corporation Limited

[2012] FWA 10541

[2012] FWA 10541

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements

Australian Rail Track Corporation Limited
(AG2012/13964)

COMMISSIONER CAMBRIDGE SYDNEY, 18 DECEMBER 2012

Application for an order relating to instruments covering new employer and transferring employees in agreements.

[1] This matter involves an application made under section 318 of the Fair Work Act 2009 (the Act). The application was made by Australian Rail Track CorporationLimited(ARTC).

[2] The application was lodged at Sydney on 5 December 2012. The application included a witness statement of Nathan Gregory Farr signed on 5 December 2012, made on behalf of ARTC, and a statement of Douglas Klineberg dated 3 December 2012, made on behalf of the Australian Rail, Tram and Bus Industry Union (ARTBU).

[3] The matter was listed for Hearing before Fair Work Australia (FWA) on 18 December 2012, at which time the following appearances were recorded:

Mr S. Joseph,solicitor from Henry Davis York Lawyers, on behalf of ARTC;

Mr D. Klineberg,on behalf of the ARTBU.

[4] At the Hearing, the witness statement of Mr Farr dated 5 December 2012 and the statement of Mr Klineberg date 3 December 2012 were admitted as evidence and these documents were respectively marked as Exhibit 1 and Exhibit 2. Mr Joseph made submissions on behalf of ARTC which urged that FWA grant the application and make Orders pursuant to s.319 of the Act. Mr Klineberg from the ARTBU supported the submissions made by Mr Joseph.

[5] FWA reviewed the application and considered the evidence and submissions made during the Hearing. FWA made an Extempore Determination granting the application and this Decision is issued as confirmation of that Determination. The evidence has established the factual circumstances that have given rise to the application. Having regard for the evidence and submissions made, I am satisfied that the provisions of paragraphs (a) to (g) of subsection 318(3) of the Act have been satisfied in this instance. Consequently, the application is granted and Orders [PR532371] in the terms sought will be issued accordingly.

COMMISSIONER

Appearances:

Mr S. Joseph,solicitor from Henry Davis York Lawyers, on behalf of ARTC;

Mr D. Klineberg, on behalf of the ARTBU.

Hearing details:

2012.

Sydney:

December, 18.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR532372>