Gemco Rail Pty Ltd

[2021] FWCA 2868

[2021] FWCA 2868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gemco Rail Pty Ltd
(AG2021/4896)

GEMCO RAIL PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 19 MAY 2021

Application for approval of the Gemco Rail Pty Ltd Queensland Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gemco Rail Pty Ltd Queensland Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gemco Rail Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are 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) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18s giving notice under s.183 of the Act that the AMWU and the CEPU want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and the CEPU.

[5] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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