Australian Rail Track Corporation Ltd T/A ARTC

[2017] FWCA 3797

[2017] FWCA 3797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail Track Corporation Ltd T/A ARTC
(AG2017/2407)

AUSTRALIAN RAIL TRACK CORPORATION ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER MCKINNON	MELBOURNE, 19 JULY 2017

Application for approval of the Australian Rail Track Corporation Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Rail Track Corporation Enterprise Agreement 2017 (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 Applicant 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.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and Australian Rail, Tram and Bus Industry Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants 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 of the Act, will operate from 23 August 2017. The nominal expiry date of the Agreement is 22 August 2020.

COMMISSIONER

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Annexure A