Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd

[2020] FWCA 2801

[2020] FWCA 2801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail Track Corporation Ltd T/A Australian Rail Track Corporation Ltd
(AG2020/432)

AUSTRALIAN RAIL TRACK CORPORATION NEW SOUTH WALES (NSW) ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 JUNE 2020

Application for approval of the Australian Rail Track Corporation New South Wales (NSW) Enterprise Agreement 2019.

Introduction

[1] An application has been made for approval of an enterprise agreement to be known as the Australian Rail Track Corporation New South Wales (NSW) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Rail Track Corporation Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

(a) Australian Rail, Tram and Bus Industry Union;

(b) Australian Municipal, Administrative, Clerical and Services Union;

(c) Association of Professional Engineers, Scientists and Managers, Australia; and

(d) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers the foregoing organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2020. The nominal expiry date of the Agreement is 11 June 2023.

[7] This Decision is to be read in conjunction with my Reasons for Decision in [2020] FWC 2953.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A