Skilled Rail Services Pty Ltd T/A Skilled Rail

[2013] FWCA 1406

[2013] FWCA 1406

FAIR WORK COMMISSION

DECISION

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

Skilled Rail Services Pty Ltd T/A Skilled Rail
(AG2013/129)

SKILLED RAIL SERVICES NEW SOUTH WALES ENTERPRISE AGREEMENT 2012 - 2015

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 6 MARCH 2013

Application for approval of the Skilled Rail Services New South Wales Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Skilled Rail Services New South Wales Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] A conference was held before the Commission via telephone with the Applicant and the Australian Rail, Tram and Bus Industry Union (ARTBIU), being a bargaining representative for the Agreement to discuss the operation of clause 35 - Individual Flexibility Arrangement, and in particular, subclause 35.1(a) of the Agreement. During the conference the Applicant and the ARTBIU submitted that in relation to clause 35 this should be read as including a reference to clause 14 - Rostering Parameters. This was subsequently confirmed in writing by the Applicant.

[3] The Agreement covers those employees engaged within New South Wales (NSW) in one of the classifications contained in the Agreement performing rail maintenance works and construction work on rail infrastructure, including projects which commence within the state of NSW. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] 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 this organisation.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 13 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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