Keolis Downer Hunter Pty Ltd T/A Newcastle Transport

Case •

[2023] FWCA 1652

•

7 JUNE 2023
[2023] FWCA 1652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Keolis Downer Hunter Pty Ltd T/A Newcastle Transport

(AG2023/1533)

KEOLIS DOWNER HUNTER MULTIMODAL OPERATIONS CONTROL AGREEMENT 2023

Passenger vehicle transport (non rail) industry

DEPUTY PRESIDENT WRIGHT

SYDNEY, 7 JUNE 2023

Application for approval of the Keolis Downer Hunter Multimodal Operations Control Agreement 2023

Introduction

  1. Keolis Downer Hunter Pty Ltd T/A Newcastle Transport (the Employer) has made an application for approval of an enterprise agreement known as the Keolis Downer Hunter Multimodal Operations Control Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The employer provided written undertakings. A copy of the undertakings is attached in Attachment 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.

Section 186, 187, 188 and 190

  1. 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.

Section 183 Bargaining Representatives

  1. The Australian Rail, Tram and Bus Industry Union (RTBU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the RTBU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520271  PR762872>

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