Australian Rail Track Corporation Limited T/A Australian Rail Track Corporation Ltd

[2022] FWCA 230

[2022] FWCA 230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Rail Track Corporation Limited T/A Australian Rail Track Corporation Ltd

(AG2021/9120)

ARTC (Victoria) Infrastructure Maintenance Enterprise Agreement 2021

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JANUARY 2022

Application for approval of the ARTC (Victoria) Infrastructure Maintenance Enterprise Agreement 2021.

1. An application has been made for approval of an enterprise agreement known as the ARTC (Victoria) Infrastructure Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Rail Track Corporation Limited T/A Australian Rail Track Corporation Ltd. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) 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 3 February 2022. The nominal expiry date of the Agreement is 26 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514729  PR737820>

Annexure A