Keolis Downer Hunter Pty Ltd T/A Keolis Downer Hunter

[2018] FWCA 5800

[2018] FWCA 5800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keolis Downer Hunter Pty Ltd T/A Keolis Downer Hunter
(AG2018/2583)

KEOLIS DOWNER HUNTER MULTIMODAL OPERATIONS CONTROL AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Keolis Downer Hunter Multimodal Operations Control Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Keolis Downer Hunter Multimodal Operations Control Agreement 2018 (the Agreement). The application was made by Keolis Downer Hunter Pty Ltd T/A Keolis Downer Hunter pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Rail Tram and Bus Industry Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Rail Tram and Bus Industry Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 21 September 2022

COMMISSIONER

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Annexure A