DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gemco Rail Pty Ltd T/A Gemco Rail Pty Ltd
(AG2018/5500)

GEMCO RAIL PTY LTD WA COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 MARCH 2019

Application for approval of the Gemco Rail Pty Ltd WA Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gemco Rail Pty Ltd WA Collective Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (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] 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 Employer. No objection was raised.

[5] The "Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 19 March 2019 and, in accordance with s 54, will operate from 26 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

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 WA Collective Agreement 2018. The respondent, the Rail, Tram and Bus Union, did not oppose the application, but argued that certain provisions should be removed or amended. The dispute involved the terms and conditions of employment for workers in the rail industry.

The central legal issue before the Commission was whether certain provisions in the collective agreement were contrary to public policy or otherwise invalid. Specifically, the respondent raised concerns about provisions related to the calculation of overtime, shift differentials, and the use of penalty rates. The Commission needed to determine whether these provisions were consistent with the applicable legislation and industrial relations principles.

The Commission examined the relevant provisions in light of the Fair Work Act and associated regulations. It considered the principles of good faith bargaining and the need to ensure fairness and equity in the workplace. The Commission found that while some provisions required amendment to align with legislative requirements, others could be retained as they were consistent with public policy and industrial relations principles. The Commission approved the collective agreement with the specified amendments.

The Fair Work Commission approved the Gemco Rail Pty Ltd WA Collective Agreement 2018 with the modifications to the provisions concerning overtime calculation, shift differentials, and penalty rates. The approved agreement now reflects the necessary amendments to ensure compliance with the Fair Work Act and associated regulations, while maintaining fairness and equity in the workplace.

Gemco Rail Pty Ltd T/A 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