DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electro-Motive Maintenance Operations Pty Ltd
(AG2018/3153)

ELECTRO-MOTIVE MAINTENANCE OPERATIONS FREIGHT MAINTENANCE ENTERPRISE AGREEMENT 2018-2022

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 13 AUGUST 2018

Application for approval of the Electro-Motive Maintenance Operations Freight Maintenance Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Electro-Motive Maintenance Operations Freight Maintenance Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electro-Motive Maintenance Operations Pty Ltd. 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2018. The nominal expiry date of the Agreement is 3 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electro-Motive Maintenance Operations Pty Ltd, an employer, sought approval of an enterprise agreement from the Fair Work Commission, with the Australian Manufacturing Workers' Union, an employee representative, objecting to the approval. The legal issue before the Commission was whether the agreement was in the best interests of the employees covered by the agreement. The Commission noted that the agreement contained provisions that were not consistent with the enterprise bargaining objectives of the Fair Work Act 2009 (Cth). Despite this, the Commission was satisfied that the agreement was in the best interests of the employees, as it provided for improvements in wages and conditions, and provided a pathway to further improvements in the future. The Commission also considered the overall context of the agreement, including the parties' bargaining positions and the economic climate. Ultimately, the Commission approved the agreement, finding that it was in the best interests of the employees. The employer and the union were ordered to give effect to the agreement, and the agreement was registered with the Fair Work Commission.

Electro-Motive Maintenance Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established