Railway Transport Services Pty Ltd T/A Cartage Australia
[2022] FWCA 1608
•19 MAY 2022
| [2022] FWCA 1608 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Railway Transport Services Pty Ltd T/A Cartage Australia
(AG2022/1343)
Railway Transport Services Pty Ltd ENTERPRISE AGREEMENT 2022
| Road transport industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 19 MAY 2022 |
Application for approval of the Railway Transport Services Pty Ltd ENTERPRISE AGREEMENT 2022
Railway Transport Services Pty Ltd has applied for approval of an enterprise agreement known as the Railway Transport Services Pty Ltd ENTERPRISE AGREEMENT 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Notice of Employee Representational Rights issued to employees varied in minor ways from the prescribed Notice. However, I am satisfied that these issues can be classed as minor technical errors and that the Agreement would have been genuinely agreed to but for these errors. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by these errors. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Transport Workers’ Union of Australia 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 13 – Termination of Employment; and
· Clause 34.4 – Public Holidays.
However, noting the undertaking given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2022. The nominal expiry date of the Agreement is 2 May 2025.
COMMISSIONER
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Annexure A
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