Australian Rail Track Corporation Ltd
[2021] FWCA 6151
•7 OCTOBER 2021
| [2021] FWCA 6151 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Rail Track Corporation Ltd
(AG2021/7381)
ARTC ENTERPRISE AGREEMENT 2021
Rail industry | |
COMMISSIONER YILMAZ | MELBOURNE, 7 OCTOBER 2021 |
Application for approval of the ARTC Enterprise Agreement 2021
[1] An application has been made for approval of an enterprise agreement known as the ARTC 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 Ltd. The Agreement is a single enterprise agreement.
[2] 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.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Rail, Tram and Bus Industry Union, and Professionals Australia 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.
[5] The Agreement is approved and in accordance with s.54, will operate from 14 October 2021. The nominal expiry date of the Agreement is 13 October 2024.
COMMISSIONER
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Annexure A
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