Hitachi Rail STS Australia Pty Ltd
[2022] FWCA 1350
•20 APRIL 2022
| [2022] FWCA 1350 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hitachi Rail STS Australia Pty Ltd
(AG2022/882)
Hitachi Rail STS Australia Pty Ltd Enterprise Agreement 2022
| Rail industry | |
| COMMISSIONER SIMPSON | BRISBANE, 20 APRIL 2022 |
Application for the approval of Hitachi Rail STS Australia Pty Ltd Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Hitachi Rail STS Australia Pty Ltd Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hitachi Rail STS Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division (also known as Electrical Trades Union Division) (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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