Electro-Motive Maintenance Operations Pty Ltd

Case

[2018] FWCA 4985

28 August 2018


[2018] FWCA 4985

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Electro-Motive Maintenance Operations Pty Ltd

(AG2018/2636)

Progress Rail Redbank Staff Enterprise Agreement 2018

Manufacturing and associated industries

Deputy President Colman

MELBOURNE, 28 August 2018

Application for approval of the Progress Rail Redbank Staff Enterprise Agreement 2018.

  1. An application has been made for approval of an enterprise agreement known as the Progress Rail Redbank Staff Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electro-Motive Maintenance Operations Pty Ltd. The agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. 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.

  1. The Agreement was approved on 28 August 2018 and, in accordance with s.54, will operate from 4 September 2018. The nominal expiry date of the Agreement is 27 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE900060 PR620240>

Annexure A

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