Protech Rail Pty Ltd T/A Protech Rail Pty Ltd
[2023] FWCA 2948
•13 SEPTEMBER 2023
| [2023] FWCA 2948 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Protech Rail Pty Ltd T/A Protech Rail Pty Ltd
(AG2023/3098)
PROTECH RAIL AND RTBU AGREEMENT 2023
| Rail industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 13 SEPTEMBER 2023 |
Application for approval of the Protech Rail and RTBU Agreement 2023
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Protech Rail and RTBU Agreement 2023 (Agreement).
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 following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 15.3 – Annual leave accrual; and
· Clause 16.1.7 – Public holidays.
However, noting clause 1.4.1 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 Australian Rail, Tram and Bus Industry Union 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 20 September 2023. The nominal expiry date of the Agreement is 13 September 2027.
DEPUTY PRESIDENT
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