Gemco Rail Pty Ltd Summary

[2014] FWCA 2198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gemco Rail Pty Ltd
(AG2014/4016)

GEMCO RAIL PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 APRIL 2014

Application for approval of the Gemco Rail Pty Ltd New South Wales Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gemco Rail Pty Ltd New South Wales Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 April 2014. The nominal expiry date of the Agreement is 30 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gemco Rail Pty Ltd is a case in which the Fair Work Commission was asked to approve the New South Wales Enterprise Agreement 2014, which was proposed by Gemco Rail Pty Ltd. The agreement was intended to cover employees who were part of the Rail, Tram and Bus Industry Union (RTBU) and the Australian Railways and Transport Union (ARTU). The dispute centred on whether the agreement adequately met the requirements set out in the Fair Work Act 2009, particularly concerning its coverage and compliance with minimum wage rates and conditions.

The legal issues before the Commission included whether the proposed agreement sufficiently provided for the employees' wages and conditions, and whether it complied with the procedural requirements of the Fair Work Act. Additionally, the Commission had to consider whether the agreement met the ‘better off overall test’, ensuring that employees were not disadvantaged by the agreement. The Commission also examined the fairness of the agreement in terms of its provisions and the processes involved in its creation.

In its decision, the Fair Work Commission concluded that the proposed agreement met the legal standards set out in the Fair Work Act. The Commission found that the agreement provided for fair and reasonable wages and conditions, and that the process by which the agreement was negotiated was fair and appropriate. The Commission also determined that the agreement satisfied the better off overall test, meaning that employees would be no worse off financially under the new agreement. Consequently, the Commission approved the Gemco Rail Pty Ltd New South Wales Enterprise Agreement 2014, finding it to be compliant with all necessary legal and procedural requirements.

As a result of the Commission's approval, the agreement is now legally binding and will govern the terms and conditions of employment for the relevant employees. This decision ensures that the terms of the agreement will be enforced, providing a stable and predictable framework for both the employer and employees.

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