Metro Trains Melbourne Pty Ltd

[2015] FWCA 8818

[2015] FWCA 8818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Trains Melbourne Pty Ltd
(AG2015/7644)

METRO TRAINS MELBOURNE PTY LTD RAIL OPERATIONS ENTERPRISE AGREEMENT 2015-2019

Rail industry
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Trains Melbourne Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] In reviewing the information contained in the Employer’s Statutory Declaration in support of the application, it was noted that while an overwhelming majority of the employees who voted to approve the Agreement voted in favour, less than 25% of the total number of employees to be covered by the Agreement participated in the ballot. Further information was accordingly sought from the Applicant about this issue.

[5] The Commission was subsequently advised that a total of 39 meetings were conducted during the period leading up to the ballot at different times of the day and at different locations to provide information and advice about the content of the proposed Agreement, and employees were encouraged to attend these meetings. The Applicant also indicated that it is not aware of any employees who have expressed concern that they were unable to vote on the Agreement.

[6] The Australian Rail, Tram and Bus Industry Union and The Association of Professional Engineers, Scientists and Managers, Australia, 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 these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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