Australian Rail Track Corporation Ltd
[2022] FWCA 422
•9 FEBRUARY 2022
| [2022] FWCA 422 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Rail Track Corporation Ltd
(AG2021/9295)
ARTC NSW INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2022
| Rail industry | |
| Commissioner Matheson | SYDNEY, 9 FEBRUARY 2022 |
Application for approval of the ARTC NSW Infrastructure Maintenance Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the ARTC NSW Infrastructure Maintenance Enterprise Agreement 2022 (Agreement). The application was made by Australian Rail Track Corporation Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The Applicant advised the Commission that clause 1.1.4 of the Agreement contains an error in that the term ‘ARTC’ was defined as ‘Australian Rail Track Corporation’. The Applicant sought a correction to clause 1.1.4 of the Agreement so that the definition of ‘ARTC’ reflects the correct legal name of the employer covered by the Agreement and reads as:
“‘ARTC’ means Australian Rail Track Corporation Limited. ABN 75 081 455 754.”
I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act. I make the amendment.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2022. The nominal expiry date of the Agreement is 16 February 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE514897 PR738208>
0
0
0