Voestalpine Railway Systems Australia Pty Ltd
[2025] FWCA 1545
•8 MAY 2025
| [2025] FWCA 1545 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Voestalpine Railway Systems Australia Pty Ltd
(AG2025/1110)
VOESTALPINE RAILWAY SYSTEMS AUSTRALIA PTY LTD BATHURST WORKSHOP ENTERPRISE AGREEMENT 2024-2026
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 8 MAY 2025 |
Application for approval of the voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2024-2026
Voestalpine Railway Systems Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2024-2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
National Employment Standards
I observe that clauses 14.3(a) and 31.2 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining Representatives
The Australian Rail, Tram and Bus Industry Union (ARTBIU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2), I note that the Agreement covers the ARTBIU and the AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 15 May 2025. The nominal expiry date of the Agreement is 30 September 2026.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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