Rail Maintenance Services Pty Ltd
[2025] FWCA 305
•24 JANUARY 2025
| [2025] FWCA 305 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rail Maintenance Services Pty Ltd
(AG2024/5157)
RMS GROUP & RTBU ENTERPRISE AGREEMENT 2024
| Rail industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 24 JANUARY 2025 |
Application for approval of the RMS Group & RTBU Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the RMS Group & RTBU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rail Maintenance Services Pty Ltd. The Agreement is a single enterprise agreement.
The agreement title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1.1 of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.
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 Australian Rail, Tram and Bus Industry Union (ARTBIU) 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. The ARTBIU support approval of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2025. The nominal expiry date of the Agreement is 31 January 2028.
DEPUTY PRESIDENT
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