Voestalpine Railway Systems Australia Pty Ltd

[2022] FWCA 4424

[2022] FWCA 4424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Voestalpine Railway Systems Australia Pty Ltd

(AG2022/4934)

voestalpine Railway Systems Australia Ply Ltd Bathurst Workshop Enterprise Agreement 2022-2024

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 16 DECEMBER 2022

Application for approval of the voestalpine Railway Systems Australia Ply Ltd Bathurst Workshop Enterprise Agreement 2022-2024

1. Voestalpine Railway Systems Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the voestalpine Railway Systems Australia Ply Ltd Bathurst Workshop Enterprise Agreement 2022-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant has 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union and the Australian Rail, Tram and Bus Industry Union (together, the organisations), 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), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

1. The Agreement was approved on 16 December 2022 and, in accordance with s 54, will operate from 23 December 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518583  PR748948>

Annexure A