KDR Victoria Pty Ltd T/A Yarra Tram
[2024] FWCA 2618
•15 JULY 2024
| [2024] FWCA 2618 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
KDR Victoria Pty Ltd T/A Yarra Tram
(AG2024/2150)
YARRA TRAMS ENTERPRISE AGREEMENT 2023 – OPERATIONS
| Passenger vehicle transport (non rail) industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 15 JULY 2024 |
Application for approval of the Yarra Trams Enterprise Agreement 2023 – Operations
An application has been made for approval of an enterprise agreement known as the Yarra Trams Enterprise Agreement 2023 – Operations (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KDR Victoria Pty Ltd T/A Yarra Tram. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Australian Rail Tram & Bus Industry Union 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.
The Agreement is approved and in accordance with s.54, will operate from 22 July 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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<AE525446 PR777017>
Annexure A
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