Rail Commissioner

[2023] FWCA 667

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rail Commissioner

(AG2023/340)

Rail Commissioner Infrastructure Employees Enterprise Agreement 2023

Rail industry
COMMISSIONER PLATT	ADELAIDE, 3 MARCH 2023

Application for approval of the Rail Commissioner Infrastructure Employees Enterprise Agreement 2023 correction to expiry date

The decision issued by the Fair Work Commission on 2 March 2022 [2023] FWCA 667, AE519361 is corrected as follows:

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission has made an order approving the Rail Commissioner Infrastructure Employees Enterprise Agreement 2023. The matter was brought before the Commission by the Rail Commissioner, who sought approval of the agreement under the Fair Work Act 2009. The agreement, which pertains to employees within the rail industry, was subject to a correction regarding its nominal expiry date. The Commission was required to determine whether the agreement met the statutory requirements for approval and if any corrections were necessary to ensure compliance with the Act.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009, specifically in relation to the correction of the nominal expiry date. The Commission considered the terms of the agreement, the process by which it was made, and whether it adhered to the statutory criteria for approval. The Commission also examined whether the proposed correction was appropriate and whether it aligned with the objectives of the Act.

The Fair Work Commission found that the Rail Commissioner Infrastructure Employees Enterprise Agreement 2023 was compliant with the statutory requirements for approval. The Commission approved the agreement and determined that the correction to the nominal expiry date was necessary to ensure the agreement's alignment with the Act. The Commission confirmed that the agreement would operate from seven days after the date of approval and would expire on 29 February 2024. The correction to the expiry date was made to rectify an error in the initial decision issued on 2 March 2023.

The Fair Work Commission ordered that the Rail Commissioner Infrastructure Employees Enterprise Agreement 2023 be approved, with the correction to the nominal expiry date. The agreement will operate from seven days after the date of approval and will expire on 29 February 2024. The Commission's decision ensures that the agreement remains compliant with the statutory requirements of the Fair Work Act 2009.

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