Rhomberg Sersa Australia

[2024] FWCA 3791

[2024] FWCA 3791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rhomberg Sersa Australia

(AG2024/3699)

RHOMBERG SERSA AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2024-2027

Rail industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 30 OCTOBER 2024

Application for approval of the Rhomberg Sersa Australia Pty Ltd Enterprise Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Rhomberg Sersa Australia Pty Ltd Enterprise Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rhomberg Sersa Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a model flexibility term compliant with the Act. 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.

1. The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 27A, Workplace delegates’ rights, in the Rail Industry Award 2020 is to be taken to be a term of the Agreement.

1. I note that Clause 1.6 of the Agreement provides that where there is an inconsistency between this Agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. I am of the view that this clause satisfactorily addresses any issues in relation to potential inconsistencies between the terms of the Agreement, including clauses 3.5, 5.5 and 12.3, and the NES.

1. The Australian Rail, Tram and Bus Industry Union (RTBU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the RTBU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 6 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A