Gemco Rail Pty Ltd Summary

[2014] FWCA 56

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gemco Rail Pty Ltd
(AG2013/12244)

GEMCO RAIL PTY LTD VICTORIAN ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 3 JANUARY 2014

Application for approval of the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Gemco Rail Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Rail, Tram and Bus Industry Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2014. The nominal expiry date of the Agreement is 30 November 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Gemco Rail Pty Ltd, sought approval of the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2013, which was to be registered under the Fair Work Act 2009. The application was brought before the Fair Work Commission, where the nature of the dispute centred around the fairness and appropriateness of the terms of the agreement in question. The Commission was tasked with ensuring that the agreement met the legal requirements and was fair in its treatment of the employees involved.

The primary legal issues that the Commission had to address involved whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms of employment. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it contained provisions that were fair and reasonable in the circumstances of the case. Additionally, the Commission had to consider whether the agreement was likely to have a beneficial effect on the employees' working conditions and whether it complied with the relevant provisions of the Fair Work Act.

In its reasoning, the Commission noted that the application for approval of the enterprise agreement had been made by the applicant, and that the agreement had been negotiated between the applicant and the relevant employee representatives. The Commission found that the agreement had been genuinely negotiated and contained provisions that were fair and reasonable in all the circumstances. The Commission further determined that the agreement was likely to have a beneficial effect on the employees' working conditions and that it complied with the relevant provisions of the Fair Work Act. Accordingly, the Commission approved the application and registered the agreement under the Act.

In conclusion, the Fair Work Commission approved the application for the approval of the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2013, finding that the agreement had been genuinely negotiated and contained fair and reasonable terms of employment. The Commission registered the agreement under the Fair Work Act, and it became legally binding for the parties involved.

Gemco Rail Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established