One Rail Australia (Queensland) Pty Ltd T/A One Rail Australia
[2024] FWCA 859
•7 MARCH 2024
| [2024] FWCA 859 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
One Rail Australia (Queensland) Pty Ltd T/A One Rail Australia
(AG2024/205)
ONE RAIL AUSTRALIA CENTRAL QUEENSLAND COAL OPERATIONS ENTERPRISE AGREEMENT 2023
| Freight rail haulage industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 7 MARCH 2024 |
Application for approval of the One Rail Australia Central Queensland Coal Operations Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the One Rail Australia Central Queensland Coal Operations Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by One Rail Australia (Queensland) T/A One Rail Australia. The Agreement is a single enterprise agreement.
A matter was raised with the applicant going to whether the agreement passes the better off overall test referred to in s.186(2)(d). In response the applicant provided undertakings. A copy of the undertakings is attached in Annexure A. A copy of the undertakings was provided to the union bargaining representative. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and it will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement.
Subject to the undertaking 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Australian Rail, Tram, and Bus Union, Queensland Branch and the Australian Federated Union of Locomotive Employees, 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.
The Agreement was approved on 7 March 2024 and, in accordance with s.54, will operate from 14 March 2024. The nominal expiry date of the Agreement at clause 4.1 is 14 March 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523772 PR772170>
ANNEXURE A
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