Rail Commissioner

[2020] FWCA 2851

[2020] FWCA 2851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rail Commissioner
(AG2020/1374)

RAIL COMMISSIONER TRAM OPERATIONS ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
COMMISSIONER PLATT	ADELAIDE, 1 JUNE 2020

Application for approval of the Rail Commissioner Tram Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner Tram Operations Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Rail Commissioner (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 May 2020.

[3] On 28 May 2020, my Chambers corresponded with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 29 May 2020. The undertaking deals with the following topics:

•  A typographical error is amended in Appendix 4, S4.7, the Rail Operations Support Employee Training Allowance.

•  In relation to clause 39.2, the definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  In relation to clause 39 and Appendix 4, clause 22.2, an employee’s entitlement to paid annual leave will accrue progressively during a year of service according to the employee’s ordinary hours of work and will accumulate year to year.

•  In relation to clause 40 and Appendix 4, clause 22.4, an employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work and will accumulate year to year.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] 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 30 June 2023.

COMMISSIONER

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