Total Momentum Pty Ltd

[2019] FWCA 3559

[2019] FWCA 3559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Momentum Pty Ltd
(AG2019/1306)

TOTAL MOMENTUM PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2019

Rail industry
COMMISSIONER PLATT	ADELAIDE, 23 MAY 2019

Application for approval of the Total Momentum Pty Ltd Employee Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Total Momentum Pty Ltd Employee Collective Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Total Momentum Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 May 2019.

[3] On 17 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 May 2019. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  The Applicant undertakes that clause 20.7 will not operate to reduce an employee’s entitlement to notice of termination under the National Employment Standards (NES) in the case of abandonment of employment.

•  The Sunday and public holiday penalty rate will be applied as per the Rail Industry Award 2010.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 24 May 2022.

COMMISSIONER

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