austlii:cth/FWCA/2025/2372
General information, not legal advice.
FWCA
2025-07-18
Original judgment source is linked above.
[2025] FWCA 2372 [Note: a correction has been issued to this document]
s.185 - Application for approval of a single-enterprise agreement
ARTC NSW, SA AND WA INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2025
Application for approval of the ARTC NSW, SA and WA Infrastructure Maintenance Enterprise Agreement 2025
[1] Australian Rail Track Corporation Ltd (Employer) has made an application for approval of an enterprise agreement known as the ARTC NSW, SA and WA Infrastructure Maintenance Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Appendix 3 of the Agreement. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
[5] The Australian Manufacturing Worker Union (AMWU) and the Australian Rail, Tram and Bus Industry Union (RTBU), being representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.
[6] In accordance with s.201(2), I note that the Agreement covers the AMWU and the RTBU.
[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 July 2025. The nominal expiry date of the Agreement is 25 June 2027.

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