V/Line Corporation

[2024] FWCA 3808

[2024] FWCA 3808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

V/Line Corporation

(AG2024/3671)

V/LINE INFRASTRUCTURE AGREEMENT 2023

Rail industry
COMMISSIONER TRAN	MELBOURNE, 31 OCTOBER 2024

Application for approval of the V/Line Infrastructure Agreement 2023

1. V/Line Corporation has applied for approval of an enterprise agreement known as the V/Line Infrastructure Agreement 2023 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I note clause 1.5.1 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. V/Line has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Australian Rail, Tram and Bus Industry Union (RTBU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the Association of Professional Engineers, Scientists and Managers Australia (APESMA) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the RTBU, CEPU and APESMA.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 November 2024.

1. In accordance with clause 1.4.1, the nominal expiry date of the Agreement is 30 June 2027.

Variation under s 218A

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities

1. As part of its application, V/Line identified an error in the Agreement. This was that the table at clause 4.11.3 – Site Allowance/Rates omits a row relating to the range of $115.6m – $289.1m. I heard the parties about the error and am satisfied that the error identified was an obvious one, and that there was consensus about the correction.

1. The table should appear as follows:

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A.

1. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 7 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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APPENDIX A