Tasmanian Railway Pty Limited T/A TasRail

[2023] FWCA 2007

[2023] FWCA 2007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Tasmanian Railway Pty Limited T/A TasRail

(AG2023/1934)

TASMANIAN RAILWAY PTY LIMITED CEMENT TEAM ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 30 JUNE 2023

Application for approval of the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Limited Cement Team Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tasmanian Railway Pty Limited T/A TasRail. The Agreement is a single enterprise agreement. 

1. Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

1. 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 

1. The Agreement was approved on 30 June 2023 and, in accordance with s.54, will operate from 7 July 2023. The nominal expiry date of the Agreement is 12 November 2025. 

DEPUTY PRESIDENT
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