Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd

[2020] FWCA 3854

[2020] FWCA 3854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd
(AG2020/1672)

CAT 5 WA ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 JULY 2020

Application for approval of the Cat 5 WA Enterprise Agreement 2020.

[1] Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd has made an application for the approval of an enterprise agreement known as the Cat 5 WA Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[4] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 23 July 2020 and, in accordance with s 54, will operate from 30 July 2020. The nominal expiry date of the Agreement is 23 July 2024.

DEPUTY PRESIDENT

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Annexure A