austlii:cth/FWCA/2026/649
General information, not legal advice.
FWCA
2026-03-16
Original judgment source is linked above.
s.185 - Enterprise agreement
ADELAIDE METRO OPERATIONS INFRASTRUCTURE MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2025
Application for approval of the Adelaide Metro Operations Infrastructure Maintenance Employees Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Adelaide Metro Operations Infrastructure Maintenance Employees Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Metro Operations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings, a copy of which is attached below as 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed in clause 40A by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[6] The Australian Rail, Tram and Bus Industry Union (RTBU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the RTBU.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 23 March 2026. The nominal expiry date of the Agreement is 31 December 2028.

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