Rail Shuttle Services Pty Ltd T/A Railtrain
[2022] FWCA 2257
•7 JULY 2022
| [2022] FWCA 2257 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rail Shuttle Services Pty Ltd T/A Railtrain
(AG2022/1790)
Rail Shuttle Services (St Mary’s Depot) Enterprise Agreement 2021
| Rail industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 7 JULY 2022 |
Application for approval of the Rail Shuttle Services (St Mary’s Depot) Enterprise Agreement 2021.
Rail Shuttle Services Pty Ltd T/A Railtrain (the Employer) has made an application for the approval of the Rail Shuttle Services (St Mary’s Depot) Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
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.
The Australian Rail, Tram and Bus Industry Union (RTBU) was a bargaining representative for the Agreement and 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 RTBU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2022. The nominal expiry date of the Agreement is 7 July 2025.
DEPUTY PRESIDENT
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Annexure A
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