Keolis Downer Adelaide Pty Ltd

[2024] FWCA 3252

[2024] FWCA 3252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Keolis Downer Adelaide Pty Ltd

(AG2024/3197)

RAIL OPERATIONS ENTERPRISE AGREEMENT 2024

Rail industry
COMMISSIONER PLATT	ADELAIDE, 17 SEPTEMBER 2024

Application for approval of the Rail Operations Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Rail Operations Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Keolis Downer Adelaide Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 6 September 2024.

1. There is one National Employment Standard (NES) issue that requires comment:

·  Schedule 4.8 states that where the remaining licence period of an Employee’s Class C Drivers Licence is greater than a year and the employment concludes prior to the licence expiring, the Applicant may deduct and retain from all final monies owing to the Employee and reimbursed monies for the proportionate remaining period of the licence. This may operate to restrict an employee’s entitlement to payment of NES entitlements upon termination of employment.

1. Clause 6.4 of the Agreement acts as an effective NES precedence clause. As a result, the above clause will not apply to the extent it is inconsistent with the NES.

1. The Australian Rail Tram and 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2027.

COMMISSIONER

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