Australian Rail Track Corporation Ltd

[2020] FWCA 5130

[2020] FWCA 5130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail Track Corporation Ltd
(AG2020/2685)

AUSTRALIAN RAIL TRACK CORPORATION ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 SEPTEMBER 2020

Application for approval of the Australian Rail Track Corporation Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Rail Track Corporation Enterprise Agreement 2020 (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 a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) and Australian Rail, Tram and Bus Industry Union (ARTBIU) 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 was approved on 24 September 2020 and, in accordance with s.54, will operate from 1 October 2020. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A