RMC Track and Civil Pty Ltd

[2019] FWCA 5280

[2019] FWCA 5280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMC Track and Civil Pty Ltd
(AG2019/2465)

RMC TRACK AND CIVIL PTY LTD ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JULY 2019

Application for approval of the RMC Track and Civil Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RMC Track and Civil Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RMC Track and Civil Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I note that Clause 6.16 is inconsistent with the National Employment Standards as it appears that regular and systematic casuals may be excluded from annual leave and other leave entitlements. Given the National Employment Standards precedence clause at clause 4.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2019. The nominal expiry date of the Agreement is 30 July 2023.

DEPUTY PRESIDENT

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