voestalpine Railway Systems Australia Pty Ltd
[2021] FWCA 4433
•23 JULY 2021
| [2021] FWCA 4433 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
voestalpine Railway Systems Australia Pty Ltd
(AG2021/6187)
VOESTALPINE RAILWAY SYSTEMS AUSTRALIA PTY LTD BATHURST WORKSHOP ENTERPRISE AGREEMENT 2020
Manufacturing and associated industries | |
DEPUTY PRESIDENT DEAN | CANBERRA, 23 JULY 2021 |
Application for approval of the voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2020.
[1] An application has been made for approval of an enterprise agreement known as the voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by voestalpine Railway Systems Australia Pty Ltd. 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 clause 32.6 (Unpaid Carer’s Leave) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, have given notices 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 September 2022.
DEPUTY PRESIDENT
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