Victorian Rail Track T/A VicTrack

[2017] FWCA 6856

[2017] FWCA 6856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Rail Track T/A VicTrack
(AG2017/5794)

VICTRACK ENTERPRISE AGREEMENT 2015 - 2019

Rail industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 19 DECEMBER 2017

Application for approval of the VicTrack Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the VicTrack Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Rail Track T/A VicTrack. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Victorian Rail Track T/A VicTrack. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Rail, Tram and Bus Industry Union and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 13 December 2019.

DEPUTY PRESIDENT

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Annexure A