Skilled Rail Services Pty Ltd T/A Programmed Rail

[2024] FWCA 1640

[2024] FWCA 1640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Skilled Rail Services Pty Ltd T/A Programmed Rail

(AG2024/1287)

PROGRAMMED RAIL SERVICES (VICTORIA) ENTERPRISE AGREEMENT 2023

Rail industry
COMMISSIONER TRAN	MELBOURNE, 3 MAY 2024

Application for approval of the Programmed Rail Services (Victoria) Enterprise Agreement 2023

1. Skilled Rail Services Pty Ltd T/A Programmed Rail has applied for approval of an enterprise agreement known as the Programmed Rail Services (Victoria) Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. 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.

1. 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. I note that the following clauses may be inconsistent with the National Employment Standards:

-     Clause 15.3.1 – Annual Leave which may be inconsistent with s 87 for expressing annual leave in hours; and

-     Clause 15.12 – Compassionate Leave as it is silent on the ability to take compassionate leave in cases of stillbirth or miscarriage as provided by s 104 of the Act; and

-     Clause 16.1.7 – Public Holidays may, through majority agreement substitution of public holidays, be inconsistent with s 114 which entitles employees to absence on a public holiday.

1. As the Agreement contains a National Employment Standards precedence clause at Clause 1.4.2, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. Subject to the above matters, 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.

1. The Australian Rail, Tram and Bus Industry Union, 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 May 2024.

1. In accordance with Clause 1.3.2, the nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

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