Shogun Specialised Services Pty Ltd T/A Track Protection Australia

[2020] FWCA 17

[2020] FWCA 17

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shogun Specialised Services Pty Ltd T/A Track Protection Australia
(AG2019/4589)

TRACK PROTECTION AUSTRALIA INFRASTRUCTURE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JANUARY 2020

Application for approval of the Track Protection Australia Infrastructure Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Track Protection Australia Infrastructure 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 Shogun Specialised Services Pty Ltd T/A Track Protection Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement lodged contained an error at clause 7 – definitions. On 2 January 2020, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2020. The nominal expiry date of the Agreement is 30 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A