Track Safety Australia Pty Ltd T/A Track Safety Australia

[2020] FWCA 3311

[2020] FWCA 3311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Track Safety Australia Pty Ltd T/A Track Safety Australia
(AG2020/1488)

TRACK SAFETY AUSTRALIA VIC ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 JULY 2020

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

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

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. 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.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Rail, Tram and Bus Industry Union (RTBU) is entitled to represent the industrial interests of a majority 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 as required by s.187(5)(b).

[4] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A