KDR Victoria Pty Ltd T/A Yarra Trams

[2019] FWCA 5549

[2019] FWCA 5549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KDR Victoria Pty Ltd T/A Yarra Trams
(AG2019/2201)

YARRA TRAMS ENTERPRISE AGREEMENT 2019 - ROLLING STOCK, ADMINISTRATION, TECHNICAL & PROFESSIONAL

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	SYDNEY, 9 AUGUST 2019

Application for approval of the Yarra Trams Enterprise Agreement 2019 - Rolling Stock, Administration, Technical & Professional.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Trams Enterprise Agreement 2019 - Rolling Stock, Administration, Technical & Professional (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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, Australia, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union 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 the organisations.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 15 – Abandonment of Employment

•  Clause 34 – Annual Leave

•  Clause 37 - Paid Personal/Carer’s Leave

•  Clause 42 - Family Violence

•  Clause 11 of Appendix One – Annual Leave

However, noting clause 2.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504817  PR711177>

Annexure A