VLine Corporation

[2020] FWCA 4732

[2020] FWCA 4732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VLine Corporation
(AG2020/2479)

V/LINE RAIL OPERATIONS AND ADMINISTRATIVE EMPLOYEES AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 SEPTEMBER 2020

Application for approval of the V/Line Rail Operations and Administrative Employees Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the V/Line Rail Operations and Administrative Employees Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VLine Corporation. The Agreement is a single enterprise agreement.

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

[3] I note that Clauses 18.4, 3 and 39.5 are inconsistent with the National Employment Standards. However, given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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