Great Southern Rail Limited

[2024] FWCA 492

[2024] FWCA 492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Great Southern Rail Limited

(AG2024/84)

GREAT SOUTHERN RAIL TRAIN TECHNICIANS EMPLOYMENT AGREEMENT 2024

Tourism industry
COMMISSIONER WILSON	MELBOURNE, 5 FEBRUARY 2024

Application for approval of the Great Southern Rail Train Technicians Employment Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Great Southern Rail Train Technicians Employment Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Southern Rail Limited. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 5 September 2023 and the Agreement was made on 10 January 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2024 for reason of s.54(1) of the Act and notwithstanding that Clause 3 of the approved Agreement states something to the contrary. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

<AE523434  PR770930>