Gemco Rail Pty Ltd Summary

[2021] FWCA 6435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gemco Rail Pty Ltd
(AG2021/7741)

GEMCO RAIL PTY LTD WA COLLECTIVE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 OCTOBER 2021

Application for approval of the Gemco Rail Pty Ltd WA Collective Agreement 2021

[1] Gemco Rail Pty Ltd has made an application for the approval of an enterprise agreement known as the Gemco Rail Pty Ltd WA Collective Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 29 October 2021 and, in accordance with s 54, will operate from 5 November 2021. The nominal expiry date of the Agreement is 30 June 2024

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Gemco Rail Pty Ltd, an applicant, applied for approval of the Gemco Rail Pty Ltd WA Collective Agreement 2021 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, a federal court-like body with expertise in labour law. The primary dispute centred on whether the collective agreement, which sought to establish terms and conditions for employees in Western Australia, complied with the statutory requirements and the principles of good faith bargaining.

The legal issues before the Commission involved determining whether the agreement was genuinely negotiated and whether it adhered to the relevant statutory provisions. The Commission examined the bargaining process to ensure that it was conducted in good faith and that the agreement reflected a balance between the interests of both parties. Additionally, the Commission assessed whether the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions.

In its decision, the Commission found that the collective agreement met the statutory requirements for approval. The Commission was satisfied that the bargaining process was conducted in good faith, with both parties engaging in meaningful negotiations. The Commission also found that the terms and conditions set out in the agreement were fair and reasonable, taking into account the nature of the industry and the interests of the employees. Consequently, the Commission approved the Gemco Rail Pty Ltd WA Collective Agreement 2021.

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