Coalemp No 3 Pty Ltd T/A Southern Shorthaul Railroad

[2019] FWCA 6356

[2019] FWCA 6356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coalemp No 3 Pty Ltd T/A Southern Shorthaul Railroad
(AG2019/2359)

SOUTHERN SHORTHAUL RAILROAD ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Southern Shorthaul Railroad Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Southern Shorthaul Railroad Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coalemp No 3 Pty Ltd T/A Southern Shorthaul Railroad. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 11 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE505251  PR712332>

Annexure A