Rail Commissioner

[2017] FWCA 418

[2017] FWCA 418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rail Commissioner
(AG2016/7625)

RAIL COMMISSIONER RAIL OPERATIONS ENTERPRISE AGREEMENT 2016

Rail industry
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2017

Application for approval of the Rail Commissioner Rail Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rail Commissioner Rail Operations Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Rail Commissioner. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 20 January 2017 and, in accordance with s.54, will operate from 27 January 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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