Rail Control Systems Australia Pty Ltd

[2020] FWCA 3279

[2020] FWCA 3279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rail Control Systems Australia Pty Ltd
(AG2020/1324)

RAIL CONTROL SYSTEMS AUSTRALIA ENTERPRISE AGREEMENT 2020 - 2024

Rail industry
COMMISSIONER BOOTH	BRISBANE, 24 JUNE 2020

Application for approval of the Rail Control Systems Australia Enterprise Agreement 2020 - 2024.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Rail Control Systems Australia Pty Ltd (the Applicant) for approval of the Rail Control Systems Australia Enterprise Agreement 2020 - 2024 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant’s Representative, Mr Chris Hooper, the Applicant and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia on 3 June 2020, raising a number of concerns in relation to the Agreement. The Applicant provided formal undertakings on 17 June 2020, addressing the concerns raised.

[3] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[4] Subject to the undertakings provided, 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.

[5] The consultation term in clause 49 in the Agreement does not comply with s.205 of the Act. Therefore pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[6] The flexibility clause 50 in the Agreement does not comply with s.203 of the Act. Therefore pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with clause 4 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508344  PR720416>