Metro Trains Sydney Pty Ltd
[2023] FWCA 2791
•30 AUGUST 2023
| [2023] FWCA 2791 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metro Trains Sydney Pty Ltd
(AG2023/2847)
METRO TRAINS SYDNEY MAINTENANCE ENTERPRISE AGREEMENT 2023
| Rail industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 30 AUGUST 2023 |
Application for approval of the Metro Trains Sydney Maintenance Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Metro Trains Sydney Maintenance Enterprise Agreement 2023 (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 Sydney Pty Ltd. The Agreement is a single enterprise agreement.
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.
The Australian Rail, Tram and Bus Industry Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.
I note that the provisions of clause 66.3 (Public Holidays) and clause 77.1 (Personal Leave) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2023. The nominal expiry date of the Agreement is 30 March 2026.
DEPUTY PRESIDENT
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