Tasmanian Railway Pty Ltd T/A TasRail

[2016] FWCA 3895

[2016] FWCA 3895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Railway Pty Ltd T/A TasRail
(AG2016/2916)

TASMANIAN RAILWAY PTY LIMITED GENERAL ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the Tasmanian Railway Pty Ltd General Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Railway Pty Ltd General Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Railway Pty Ltd T/A TasRail. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act 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 s. 186(3) and (3A) of the Act I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 June 2016 and, in accordance with s.54 of the Act, will operate from 24 June 2016. The nominal expiry date of the Agreement is 12 November 2018.

COMMISSIONER

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Annexure A