Australian Rail, Tram and Bus Industry Union

[2015] FWCA 3768

[2015] FWCA 3768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Australian Rail, Tram and Bus Industry Union
(AG2015/2753)

KDR GOLD COAST PTY LTD AND RTBU GREENFIELDS AGREEMENT 2013

Rail industry
COMMISSIONER SPENCER	BRISBANE, 15 JUNE 2015

Application for variation of the KDR Gold Coast Pty Ltd and RTBU Greenfields Agreement 2013.

[1] An application has been made for a variation of the KDR Gold Coast Pty Ltd and RTBU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Australian Rail, Tram and Bus Industry Union (RTBU). The Employer is KDR Gold Coast Pty Ltd (the Employer). The Agreement is a Greenfields Agreement.

[2] The variation sought includes the amendment of customer information and customer service officer classifications, whereby three classifications have been removed and replaced with three new classifications. The variation also sought the amendment of pay rates from 1 January 2015 and 1 January 2016, and to incorporate a policy, the Availability Allowance Procedure (HRM-PRO-0005) into the Agreement. A copy of the Availability Allowance Procedure has been provided to the Commission.

[3] I am satisfied that each of the requirements of ss. 210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The application is approved and a copy of the variation can be found at Annexure A and the consolidated copy of the Agreement, as varied, is attached to this decision.

[6] Pursuant with s.216 of the Act, the variation will operate from 15 June 2015.

COMMISSIONER

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Annexure A