Metro Trains Sydney Pty Ltd

[2018] FWCA 4925

[2018] FWCA 4925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement (made under s.182 (3))

Metro Trains Sydney Pty Ltd
(AG2018/2629)

SYDNEY METRO AUTOMATED PASSENGER SERVICES AGREEMENT 2018

Rail industry
COMMISSIONER SAUNDERS	NEWCASTLE, 23 AUGUST 2018

Application for approval of the Sydney Metro Automated Passenger Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Metro Automated Passenger Services Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).The Agreement is a greenfields agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187 and 190 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 Association of Professional Engineers, Scientists and Managers, Australia 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.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Association of Professional Engineers, Scientists and Managers, Australia and that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2018. The nominal expiry date of the Agreement is 22 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE900015 PR620079>

ANNEXURE A