Australian Rail, Tram and Bus Industry Union
[2022] FWCA 4205
•1 DECEMBER 2022
| [2022] FWCA 4205 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Rail, Tram and Bus Industry Union
(AG2022/4864)
ENH Management Services and RTBU Agreement 2022
| Rail industry | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 1 DECEMBER 2022 |
Application for approval of the ENH Management Services and RTBU Agreement 2022
An application has been made for approval of a greenfields agreement known as the ENH Management Services and RTBU Agreement 2022 (the Agreement). The application was made by the Australian Rail, Tram and Bus Industry Union pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Rail, Tram and Bus Industry Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
I observe that clauses 2.9, 2.10.3, 15.9 and 16.1.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Rail, Tram and Bus Industry Union and that the Agreement covers this organisation.
The Agreement was approved on 1 December 2022 and, in accordance with s.54, will operate from 8 December 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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