BC Rail Pty Ltd
[2024] FWCA 2420
•28 JUNE 2024
| [2024] FWCA 2420 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
BC Rail Pty Ltd
(AG2024/2250)
BC RAIL AND RTBU VICTORIA SAFEWORKING ENTERPRISE AGREEMENT 2024
| Rail industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 28 JUNE 2024 |
Application for approval of the BC Rail and RTBU Victoria Safeworking Enterprise Agreement 2024
BC Rail Pty Ltd has made an application for approval of an enterprise agreement known as the BC Rail and RTBU Victoria Safeworking Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Australian Rail, Tram and Bus Industry Union (RTBU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the RTBU.
The Agreement was approved on 28 June 2024.
DEPUTY PRESIDENT
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