1
Fair Work Act 2009
s.185—Enterprise agreement
Rail Commissioner
(AG2016/7625)
RAIL COMMISSIONER RAIL OPERATIONS ENTERPRISE
AGREEMENT 2016
Rail industry
COMMISSIONER ROE MELBOURNE, 20 JANUARY 2017
Application for approval of the Rail Commissioner Rail Operations Enterprise Agreement
2016.
[1] An application has been made for approval of an enterprise agreement known as the
Rail Commissioner Rail Operations Enterprise Agreement 2016 (the Agreement). The
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made
by the Rail Commissioner. 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. The Agreement does not cover all of the
employees of the employer, however, taking into account the factors in Section 186(3) and
(3A) I am satisfied that the group of employees was fairly chosen.
[3] The Australian Rail, Tram and Bus Industry Union being a bargaining representative
for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to
cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[2017] FWCA 418
DECISION
E AUSTRALIA FairWork Commission
[2017] FWCA 418
2
[4] The Agreement was approved on 20 January 2017 and, in accordance with s.54, will
operate from 27 January 2017. The nominal expiry date of the Agreement is 30 June 2020.
COMMISSIONER
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