NSW Trains

[2018] FWCA 2319

[2018] FWCA 2319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NSW Trains
(AG2018/1309)

NSW TRAINS ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER CAMBRIDGE	SYDNEY, 24 APRIL 2018

Application for approval of the NSW Trains Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NSW Trains Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by NSW Trains (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 4 April 2018. The application included a Statutory Declaration of John McAuliffe made on behalf of the Employer and dated 4 April 2018 (the Declaration). The Declaration stated that the Agreement was made on 23 March 2018. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified a concern relating to the contents of certain terms contained in the Agreement, which required rectification. The Employer was advised of this concern and invited to provide a response.

[4] The Commission has received correspondence dated 23 April 2018, from lawyers acting on behalf of the Employer which included further material in support of the application together with an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s. 190 of the Act (the Undertaking).

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, the further material in support of the application and the Undertaking. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 24 April 2018. I note that the file has included Statutory Declarations of; Alex Claassens made on behalf of the Australian Rail, Tram and Bus Industry Union (RTBU); Natalie Lang made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (ASU); and Paul Davies made on behalf of The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), as employee organisations in relation to the application.

[7] I note that the Agreement contains a flexibility term at clause 43 and a consultation term at clause 7.

[8] I am prepared to accept the Undertaking. As provided by s. 191 of the Act, the Undertaking is taken to be a term of the Agreement. I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] The RTBU, ASU, and the APESMA, being bargaining representatives for the Agreement, has each given notice under s. 183 of the Act that each organisation wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the RTBU, ASU, and the APESMA.

[10] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 1 May 2018. The nominal expiry date of the Agreement as specified in clause 6.1 of the Agreement, is 1 May 2021.

COMMISSIONER

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