Interail Australia Pty Ltd

[2013] FWCA 8998

[2013] FWCA 8998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Interail Australia Pty Ltd
(AG2013/10013)

AURIZON INTERMODAL RAIL OPERATIONS ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 20 NOVEMBER 2013

Application for approval of the Aurizon Intermodal Rail Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon Intermodal Rail Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Interail Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to individual flexibility arrangements under the Agreement. The Australian Rail, Tram and Bus Industry Union (ARTBU) being the only known bargaining representative has provided written support for the undertaking.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The ARTBU 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, will operate from 27 November 2013. The nominal expiry date is 30 June 2017.

COMMISSIONER

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