Keolis Downer Adelaide Pty Ltd

[2024] FWCA 873

[2024] FWCA 873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Keolis Downer Adelaide Pty Ltd

(AG2024/479)

KEOLIS DOWNER ADELAIDE INFRASTRUCTURE ENTERPRISE AGREEMENT 2024

Rail industry
COMMISSIONER PLATT	ADELAIDE, 8 MARCH 2024

Application for approval of the Keolis Downer Adelaide Infrastructure Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Keolis Downer Adelaide Infrastructure 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 4 March 2024.

1. On 5 March 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant submitted an undertaking in the required form dated 6 March 2024. The undertaking deals with the following topics:

·  Despite Clause 13.1.5, Apprentices are entitled to notice of termination in accordance with the NES.

·  The reference to Public Holidays Act 2010 in Clause 46 is replaced with ‘Public Holidays Act 2023’.

1. The Australian Rail Tram & Bus Industry Union did not express any view on the undertaking. No other bargaining representatives were appointed.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. 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) 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 14 March 2028.

COMMISSIONER

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