Voestalpine VAE Railway Systems Pty Ltd

[2019] FWCA 3634

[2019] FWCA 3634

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Voestalpine VAE Railway Systems Pty Ltd
(AG2019/524)

VOESTALPINE VAE RAILWAY SYSTEMS PTY LIMITED BATHURST WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MAY 2019

Application for approval of the Voestalpine VAE Railway Systems Pty Limited Bathurst Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Voestalpine VAE Railway Systems Pty Limited Bathurst Workshop Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Voestalpine VAE Railway Systems 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] 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.

[4] I note that Clauses 32.6(a)(i), and 14.4 are inconsistent with the National Employment Standards as Clause 32.6(a)(i) does not provide an employee’s full NES entitlement and Clause 14.4 provides a restriction on an employee’s notice of termination. 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.

[5] The Australian Rail, Tram and Bus Industry Union (RTBU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 3 June 2019. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

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<AE503619  PR708704>