Bowmans Rail Pty Ltd T/A Bowmans Rail

[2019] FWCA 1063

[2019] FWCA 1063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bowmans Rail Pty Ltd T/A Bowmans Rail
(AG2018/5188)

BOWMANS RAIL TRAIN CREW ENTERPRISE AGREEMENT 2018

Retail industry
COMMISSIONER PLATT	ADELAIDE, 19 FEBRUARY 2019

Application for approval of the Bowmans Rail Train Crew Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bowmans Rail Train Crew Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bowmans Rail Pty Ltd T/A Bowmans Rail. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 5 December 2018.

[3] On 13 December 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 February 2019. The undertaking deals with the following topics:

•  For the purpose of clause 20.3 of the Agreement, the words “no later than 4 hours prior to the commencement of a shift” will no longer apply. Instead, an employee will be required to notify of an absence in accordance with clause the National Employment Standards (NES).

•  For the purpose of clause 21.2 of the Agreement, the Employer undertakes that an employee who takes compassionate leave will be paid in accordance with the NES.

•  The Employer has inserted a National Employment Standard precedence clause into the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The “Australian Rail, Tram and Bus Industry Union”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2020.

COMMISSIONER

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