DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gemco Rail Pty Ltd
(AG2018/4645)

GEMCO RAIL PTY LTD VICTORIAN ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 13 DECEMBER 2018

Application for approval of the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gemco Rail Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] The Agreement was approved on 13 December 2018 and, in accordance with s.54, will operate from 20 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gemco Rail Pty Ltd, an Australian company, sought approval of the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2017, which was to be registered with the Fair Work Commission. The application was made under section 233 of the Fair Work Act 2009, and the matter was heard by his Honour Justice Edelman in the Federal Court of Australia. The legal issues at hand were whether the agreement met the requirements of the Fair Work Act and if it was in the best interest of the employees.

The court considered several aspects of the agreement, including the process by which it was formed, whether it covered all relevant employees, and if the agreement met the specific criteria outlined in the Fair Work Act. The court found that the agreement had been made in good faith, was fair and reasonable, and was appropriate for the employees it covered. The court also noted that the agreement provided for a fair and efficient workplace and improved terms and conditions for the employees.

In reaching its decision, the court was mindful of the need to balance the interests of the employer and the employees. The court found that the agreement achieved this balance by providing for a fair and efficient workplace and ensuring that the employees' interests were adequately protected. The court was also satisfied that the agreement was in the best interests of the employees, as it provided for improved terms and conditions and a fair and efficient workplace. The court approved the agreement and ordered that it be registered with the Fair Work Commission.

Gemco Rail 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