Australian Rail, Tram and Bus Industry Union

[2016] FWCA 1732

[2016] FWCA 1732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Rail, Tram and Bus Industry Union
(AG2016/500)

CAIRNS KURANDA STEAM COLLECTIVE AGREEMENT 2016

Rail industry
COMMISSIONER SPENCER	BRISBANE, 21 MARCH 2016

Application for approval of the Cairns Kuranda Steam Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Kuranda Steam Collective Agreement 2016 (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 RTBU). The Agreement is a single-enterprise agreement.

[2] A written undertaking in relation to the disputes settlement procedure has been provided by Cairns Kuranda Steam Limited Partnership t/a Cairns Kuranda Steam (the Employer), and is attached to the Agreement. In accordance with s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The model flexibility term and the model consultation term are taken to be terms of the Agreement and these are attached to the Agreement.

[4] The RTBU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 28 March 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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