Application for approval of the DTI Rail Maintenance and Construction (Tasmania) Enterprise Agreement 2024

[1] DT Infrastructure Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the DTI Rail Maintenance and Construction (Tasmania) Enterprise Agreement 2024 (the Agreement).

[2] 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.

[3] The definition of continuous shift worker in the Agreement at clause 2 appears more onerous than clause 22.2 of the Rail Industry Award 2020. This potentially raises concerns relating to the National Employment Standards and the Better Off Overall Test. The Employer addressed these concerns by providing undertakings stating that the definition of continuous shift worker in clause 22.2 of the Award will be incorporated into the Agreement and apply instead of the definition in clause 2 of the Agreement.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2025. The nominal expiry date of the Agreement is 17 December 2027.

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