Australian Rail, Tram and Bus Industry Union

[2016] FWCA 5588

[2016] FWCA 5588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Rail, Tram and Bus Industry Union
(AG2016/3699)

VICTORIAN LOCOMOTIVE DIVISION OFFICE ADMINISTRATIVE STAFF ENTERPRISE AGREEMENT 2015 - 2019

Rail industry
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Victorian Locomotive Division Office Administrative Staff Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Locomotive Division Office Administrative Staff Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Rail, Tram and Bus Industry Union. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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ANNEXURE A