Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd
[2023] FWCA 1346
•15 MAY 2023
| [2023] FWCA 1346 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd
(AG2023/1227)
ARTC SA / WA INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2023
| Rail industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 15 MAY 2023 |
Application for approval of the ARTC SA / WA Infrastructure Maintenance Enterprise Agreement 2023
Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the ARTC SA / WA Infrastructure Maintenance Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Australian Rail, Tram and Bus Industry Union and the ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (together, the organisations), 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), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.
The Agreement was approved on 15 May 2023 and, in accordance with s 54, will operate from 22 May 2023. The nominal expiry date of the Agreement is 15 May 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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