Bowen Rail Company Pty Ltd
[2025] FWCA 885
•11 MARCH 2025
| [2025] FWCA 885 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bowen Rail Company Pty Ltd
(AG2025/493)
BOWEN RAIL COMPANY TRAINCREW ENTERPRISE AGREEMENT 2025
| Rail industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 11 MARCH 2025 |
Application for approval of the Bowen Rail Company Traincrew Enterprise Agreement 2025
This decision deals with an application made for approval of an enterprise agreement known as the Bowen Rail Company Traincrew Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bowen Rail Company Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]
On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Federated Union of Locomotive Employees (AFULE) and Australian Rail, Tram and Bus Industry Union (RTBU) have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers AFULE and the RTBU.
The Agreement is approved and will operate in accordance with s.54 of the Act, from 18 March 2025. The nominal expiry date of the Agreement is 10 March 2029.
DEPUTY PRESIDENT
[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].
[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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