Metro Trains Melbourne Pty. Ltd. T/A Metro Trains Melbourne

[2019] FWCA 7378

[2019] FWCA 7378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Trains Melbourne Pty. Ltd. T/A Metro Trains Melbourne
(AG2019/3478)

METRO TRAINS MELBOURNE INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2019

Application for approval of the Metro Trains Melbourne Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metro Trains Melbourne Infrastructure Enterprise Agreement 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. T/A Metro Trains Melbourne. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure 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.

[3] 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.

[4] The Australian Rail, Tram and Bus Industry Union and Allied Services Union of Australia, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 the organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 19 – Abandonment of Employment

•  Clause 21 – Redundancy

However, noting clause 1 of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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<AE505868  PR713702>

Annexure A