DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KDR Victoria Pty Ltd T/A Yarra Trams
(AG2020/934)

YARRA TRAMS ENTERPRISE AGREEMENT 2019 - INFRASTRUCTURE

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 1 MAY 2020

Application for approval of the Yarra Trams Enterprise Agreement 2019 - Infrastructure.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Trams Enterprise Agreement 2019 - Infrastructure (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 Trams. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] The application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); Australian Rail, Tram and Bus Industry Union; and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisatione.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, KDR Victoria Pty Ltd trading as Yarra Trams, sought approval of the Yarra Trams Enterprise Agreement 2019 - Infrastructure (the Agreement) from the Fair Work Commission (the Commission). The applicant argued that the Agreement contained provisions that were necessary and appropriate to manage its business, including those relating to the management of industrial action and the handling of casual employees. The respondents, including unions representing the employees, opposed the application, arguing that certain provisions were unfair and did not meet the requirements of the Fair Work Act 2009.

The Commission had to determine whether the Agreement contained provisions that were necessary and appropriate to manage the applicant's business, and whether the provisions were fair and met the requirements of the Act. The Commission also had to consider whether the provisions relating to industrial action and casual employees were reasonable and appropriate in the circumstances.

The Commission found that the Agreement contained provisions that were necessary and appropriate to manage the applicant's business, and that the provisions were fair and met the requirements of the Act. The Commission considered that the provisions relating to industrial action and casual employees were reasonable and appropriate, taking into account the need for the applicant to manage its business effectively and efficiently. The Commission approved the Agreement, subject to certain modifications to address the respondents' concerns.

The Commission made orders approving the Agreement, subject to the modifications, and directing that the Agreement be registered with the Fair Work Commission. The orders also provided for the Agreement to be in force from a specified date, and for the Agreement to be binding on the parties and their employees. The applicant was directed to take all necessary steps to give effect to the orders.

KDR Victoria Pty Ltd T/A Yarra Trams

DECISION

CaseChat Overview and Summary

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Legal Principle Established