Coleman Rail Pty Ltd

[2017] FWCA 3485

[2017] FWCA 3485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coleman Rail Pty Ltd
(AG2017/2376)

COLEMAN RAIL PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER GREGORY	MELBOURNE, 3 JULY 2017

Application for approval of the Coleman Rail Pty Ltd Western Australia Enterprise Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Coleman Rail Pty Ltd Western Australia Enterprise Agreement 2017 (Agreement). The application was made by Coleman Rail Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Australian Rail, Tram and Bus Industry Union (ARTBIU), are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Australian Rail, Tram and Bus Industry Union (ARTBIU) and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 3 July 2021.

COMMISSIONER

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