Track Safety Australia Pty Ltd T/A Track Safety Australia

[2020] FWCA 6608

[2020] FWCA 6608

FAIR WORK COMMISSION

DECISION

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

Track Safety Australia Pty Ltd T/A Track Safety Australia
(AG2020/3521)

TRACK SAFETY AUSTRALIA NATIONAL ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER SPENCER	BRISBANE, 8 DECEMBER 2020

Application for approval of the Track Safety Australia National Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Track Safety Australia National Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Track Safety Australia Pty Ltd T/A Track Safety Australia (the Applicant/the Employer). The Agreement is a greenfields agreement covering a single employer.

[2] A number of matters were identified, and responses and undertakings sought from the Applicant. The Applicant provided responses and undertakings on 6 December 2020. Further matters were raised and a further response was provided by the Applicant on 7 December 2020.

[3] The Australian Rail, Tram and Bus Industry Union (the RTBU) is an employee organisation to be covered by the Agreement. The RTBU was copied into the correspondence and given an opportunity to respond. The RTBU provided a Form F21 in relation to the matter on 23 November 2020, and a further amended F21 on 8 December 2020, in which the RTBU did not raise any issues regarding the Agreement or undertakings as sought.

[4] Matters concerning withholding of money on termination were raised with the Applicant. However, noting Clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] An undertaking has been given in relation to the NES. This undertaking is taken to be a part of the Agreement. A copy of the undertaking is attached to the Agreement and to this Decision as Annexure A.

[6] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[7] The Australian Rail, Tram and Bus Industry Union (the RTBU) is an employee organisation to be covered by the Agreement. In accordance with s.187(5)(a) of the Act I am satisfied the RTBU is entitled to represent the industrial interests of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[8] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the RTBU and the Agreement covers the organisation.

[9] The Agreement was approved on 8 December 2020 and, in accordance with s.54, will operate from 15 December 2020. The nominal expiry date of the Agreement is 14 November 2023.

COMMISSIONER

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Annexure A.