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Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
NSW Trains
(AG2018/1309)
NSW TRAINS ENTERPRISE AGREEMENT 2018
Rail industry
COMMISSIONER CAMBRIDGE SYDNEY, 24 APRIL 2018
Application for approval of the NSW Trains Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the
NSW Trains 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 NSW Trains (the
Employer). The Agreement is a single-enterprise agreement.
[2] The application was lodged at Sydney on 4 April 2018. The application included a
Statutory Declaration of John McAuliffe made on behalf of the Employer and dated 4 April
2018 (the Declaration). The Declaration stated that the Agreement was made on 23 March
2018. Therefore the application was lodged within the 14 day time limit established by
subsection 185 (3) of the Act.
[3] The Fair Work Commission (the Commission) identified a concern relating to the
contents of certain terms contained in the Agreement, which required rectification. The
Employer was advised of this concern and invited to provide a response.
[4] The Commission has received correspondence dated 23 April 2018, from lawyers
acting on behalf of the Employer which included further material in support of the application
together with an Undertaking made by and duly signed by the Employer, and proposed to the
Commission pursuant to s. 190 of the Act (the Undertaking).
[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied
before the Commission can approve of an enterprise agreement. I have reviewed the contents
of the Declaration, the further material in support of the application and the Undertaking. As a
result of the consideration of these materials I am satisfied that, inter alia, the procedural
requirements of Part 2-4 of the Act have been met.
[6] The application for approval was listed for Hearing in Chambers before the
Commission on 24 April 2018. I note that the file has included Statutory Declarations of; Alex
Claassens made on behalf of the Australian Rail, Tram and Bus Industry Union (RTBU);
[2018] FWCA 2319
DECISION
E AUSTRALIA FairWork Commission
[2018] FWCA 2319
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Natalie Lang made on behalf of the Australian Municipal, Administrative, Clerical and
Services Union (ASU); and Paul Davies made on behalf of The Association of Professional
Engineers, Scientists and Managers, Australia (APESMA), as employee organisations in
relation to the application.
[7] I note that the Agreement contains a flexibility term at clause 43 and a consultation
term at clause 7.
[8] I am prepared to accept the Undertaking. As provided by s. 191 of the Act, the
Undertaking is taken to be a term of the Agreement. I am satisfied that each of the
requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval
have been met.
[9] The RTBU, ASU, and the APESMA, being bargaining representatives for the
Agreement, has each given notice under s. 183 of the Act that each organisation wants the
Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement
covers the RTBU, ASU, and the APESMA.
[10] The Agreement as varied by the Undertaking is approved. In accordance with
subsection 54 (1) of the Act it will operate from 1 May 2018. The nominal expiry date of the
Agreement as specified in clause 6.1 of the Agreement, is 1 May 2021.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE428120 PR602226
[2018] FWCA 2319
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IN THE FAIR WORK COMMISSION
FWC Matter No .: AG2018/1309 Applicant: NSW Trains
Undertaking- section 190 I, John McAuliffe, Director Workplace Relations, Policy & Transition Services of Sydney Trains and NSW Trains give the following undertakings with respect to the NSW Trains Enterprise Agreement 2018 ("the Agreement"): 1. I have the auth
relation to this application before the Fair Work Commission. rains to provide this undertaking in 2. In respect of Employees covered by the Agreement, NSW Trains undertakes that notwithstanding clause 15.9(b) of the Agreement, the minimum amount payable to an employee on a supported wage will not be less than the amount specified in Schedule C of the Rail Industry Award 2010 from time to time.
Employer name: NSW Trains Authority to sign: John McAuliffe
Signature: thor Mcauliffe Date: 23/4/18
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