Queensland Rail Limited

[2012] FWA 6930

[2012] FWA 6930

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements

Queensland Rail Limited
(AG2012/9870)

Rail industry
COMMISSIONER ASBURY	BRISBANE, 14 AUGUST 2012

Application for an order relating to instruments covering new employer and transferring employees in agreements.

[1] An application pursuant to s.318 of the Fair Work Act 2009 (the Act) for an order relating to an instrument covering a new employer and transferring employees was filed by Queensland Rail Limited on 13 July 2012.

[2] The grounds upon which the application is made state that QR Limited (Coal and Regional), the employer who was a party to QR Limited Traincrew Union Collective Workplace Agreement 2009, no longer exists. There was a transmission of business to Queensland Rail Limited on 1 July 2010 along with the transferable instrument.

[3] At the time of transfer Queensland Rail had similar classed employees across the state engaged under the QR Passenger Pty Ltd Traincrew Union Collective Workplace Agreement 2009.

[4] The Order seeks to have transferred employees who were covered by the QR Limited Traincrew Union Collective Workplace Agreement 2009 covered by the QR Passenger Pty Ltd Traincrew Union Collective Workplace Agreement 2009.

[5] A Notice of Listing was issued on 30 July 2012 directing the Queensland Rail Limited to ensure that the employees who would be affected by the proposed order were made aware of the application, the Notice of Listing and the terms of the Order sought.

[6] The Notice of Listing invited any person wishing to be heard or make a written statement regarding the application to advise Fair Work Australia prior to the scheduled time of the hearing. No advice was received.

[7] The grounds set out in the application address each of the requirements in s.318 of the Act. Appended to the application is a Memorandum of Understanding between Queensland Rail Limited, the Australian Federated Union of Locomotive Employees (AFULE) and the Australian Rail, Tram and Bus Industry Union (RTBU), which also addresses the requirements in s.318 of the Act.

[8] I am satisfied on the basis of the application and supporting documentation that the requirements of s.318 of the Act have been met and that the Order should be issued.

[9] The Order [PR527894] will operate from 14 August 2012.

COMMISSIONER

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<Price code A, AC327742  PR527892>