Rhomberg Rail Australia Pty Ltd

[2013] FWCA 1261

[2013] FWCA 1261

FAIR WORK COMMISSION

DECISION

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

Rhomberg Rail Australia Pty Ltd
(AG2013/4799)

RHOMBERG RAIL CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Rail industry
COMMISSIONER ASBURY	BRISBANE, 26 FEBRUARY 2013

Application for approval of the Rhomberg Rail Caval Ridge Project Union Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Rhomberg Rail Caval Ridge Project Union Greenfields Agreement (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). The Agreement has been made by Rhomberg Rail Australia Pty Ltd, an employer covered by the Agreement, and is a greenfields agreement made pursuant to s.172(4).

[2] The Agreement is made with the Construction, Forestry, Mining and Energy Union (CFMEU); the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) pursuant to s.172(2)(b) of the Act.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 5 March 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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