Taylor Rail Australia Pty Limited T/A Taylor Rail Australia Pty Limited

Case

[2023] FWCA 853

21 MARCH 2023


[2023] FWCA 853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Taylor Rail Australia Pty Limited T/A Taylor Rail Australia Pty Limited

(AG2023/556)

TAYLOR RAIL AUSTRALIA NATIONAL ENTERPRISE AGREEMENT 2022

Rail industry

COMMISSIONER P RYAN

SYDNEY, 21 MARCH 2023

Application for approval of the Taylor Rail Australia National Enterprise Agreement 2022

  1. Taylor Rail Australia Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Taylor Rail Australia National Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The Employer 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.

Sections 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining representative

  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 FW Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ARTBIU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 28 March 2023. The nominal expiry date of the Agreement is 21 March 2026.


COMMISSIONER

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