DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gemco Rail Pty Ltd
(AG2018/3353)

GEMCO RAIL PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Gemco Rail Pty Ltd New South Wales Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gemco Rail Pty Ltd New South Wales Enterprise Agreement 2018 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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 Agreement was approved on 4 December 2018 and, in accordance with s.54, will operate from 11 December 2018. The nominal expiry date of the Agreement is 30 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gemco Rail Pty Ltd applied to the Fair Work Commission for approval of the Gemco Rail Pty Ltd New South Wales Enterprise Agreement 2018. The dispute centred on the terms and conditions of employment for employees in the rail industry, specifically those covered by the proposed enterprise agreement. The Fair Work Commission, with its broad jurisdiction over workplace relations matters, was tasked with reviewing the agreement to ensure it met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Act, including provisions regarding minimum entitlements, the process for bargaining, and the requirements for employee representation. The Commission had to determine if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to assess whether the agreement met the formal requirements, such as the inclusion of all necessary particulars and the correct procedures being followed during the bargaining process.

The Fair Work Commission found that the Gemco Rail Pty Ltd New South Wales Enterprise Agreement 2018 was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement complied with all statutory requirements and was properly formed. The evidence presented demonstrated that the bargaining process was conducted in accordance with the Act, with adequate employee representation and proper procedural fairness. The Commission approved the agreement, confirming that it met all necessary legal standards and could proceed to registration.

The final orders of the Commission included the approval of the Gemco Rail Pty Ltd New South Wales Enterprise Agreement 2018, with the agreement to be registered with the Fair Work Commission. The decision highlighted the importance of ensuring that enterprise agreements are made in good faith and provide for fair and reasonable terms, while also adhering to the statutory requirements set out in the Fair Work Act 2009.

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