Australian Rail Track Corporation Ltd

[2024] FWCA 3720

[2024] FWCA 3720

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Rail Track Corporation Ltd

(AG2024/3526)

ARTC ENTERPRISE AGREEMENT 2024

Rail industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 19 NOVEMBER 2024

Application for approval of the ARTC Enterprise Agreement 2024

1. An application has been made by Australian Rail Track Corporation Ltd (the Applicant) for approval of an enterprise agreement known as the ARTC Enterprise Agreement 2024 (the Agreement). The Application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and s 187 are met.

1. A number of concerns were raised with the Applicant the requirement in s 186(2)(c) were not met as terms of the Agreement may be contrary to the National Employment Standards. Concerns were also raised about whether the better off overall test (BOOT) referred to in s 186(2)(d) was met.

1. Where such concerns are raised s. 190 provides that the Commission may still approve the Agreement if satisfied that an undertaking given by an Applicant addresses any concerns raised. Here the Applicant has addressed the concerns raised by providing written undertakings (Annexure A). I am satisfied that the undertakings address the concerns.

1. I also am satisfied for the purposes of s. 190(3) 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.

1. In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. I am satisfied for the purposes of s. 190(3) 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss. 186 and 187 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), Australian Services Union SA+NT Branch (ASU), and the Australian Rail Tram and Bus Industry Union, South Australian & Northern Territory Branch (RTBU) each gave notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers APESMA, the ASU and the RTBU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 26 November 2027, which is three (3) years from the Agreement’s operative date of 26 November 2027

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE526511  PR780593>

Annexure A