One Rail Australia (FLACH) Pty Ltd T/A One Rail Australia

[2023] FWCA 2402

[2023] FWCA 2402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

One Rail Australia (FLACH) Pty Ltd T/A One Rail Australia

(AG2023/2481)

ONE RAIL AUSTRALIA (FLACH) PTY LTD, NSW COAL HAULAGE ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 AUGUST 2023

Application for approval of the One Rail Australia (FLACH) Pty Ltd, NSW Coal Haulage Enterprise Agreement 2023

1. One Rail Australia (FLACH) Pty Ltd T/A One Rail Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the One Rail Australia (FLACH) Pty Ltd, NSW Coal Haulage Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

1. The Australian Rail, Tram and Bus Industry Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on 2 August 2023 and, in accordance with s 54, will operate from 9 August 2023.  The nominal expiry date of the Agreement is 2 August 2027.

DEPUTY PRESIDENT

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