Watco Australia Logistics Pty Ltd
[2024] FWCA 1165
•3 APRIL 2024
| [2024] FWCA 1165 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Watco Australia Logistics Pty Ltd
(AG2024/34)
WATCO QUEENSLAND RAIL SUPPLY CHAIN ENTERPRISE AGREEMENT 2023
| Rail industry | |
| DEPUTY PRESIDENT GOSTENCNIK | SYDNEY, 3 APRIL 2024 |
Application for approval of the Watco Queensland Rail Supply Chain Enterprise Agreement 2023
Watco Australia Logistics Pty Ltd applies under s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Watco Queensland Rail Supply Chain Enterprise Agreement 2023 (the Agreement).
The Employer 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 35.6 – Annual leave; and
· Clause 36.2 – Personal/carer’s leave.
However, noting clause 4 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.
The Australian Federated Union of Locomotive Employees and the Australian Rail, Tram and Bus Industry Union 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 these organisations.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 April 2024. The nominal expiry date of the Agreement is 3 April 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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