Genesee & Wyoming Australia Pty Ltd Summary

[2013] FWCA 2424

FAIR WORK COMMISSION

DECISION

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

Genesee & Wyoming Australia Pty Ltd
(AG2013/891)

GENESEE & WYOMING AUSTRALIA PTY LTD (SA/NT) INFRASTRUCTURE MAINTENANCE COLLECTIVE AGREEMENT 2013

Rail industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 19 APRIL 2013

Application for approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Infrastructure Maintenance Collective Agreement 2013

[1]An application for approval of an enterprise agreement known as the Genesee & Wyoming Australia Pty Ltd (SA/NT) Infrastructure Maintenance Collective Agreement 2013 (the Agreement) has been made by Genesee & Wyoming Australia Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Rail, Tram & Bus Industry Union (RTBU) has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the RTBU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 26 April 2013. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Genesee & Wyoming Australia Pty Ltd, which sought approval of the Infrastructure Maintenance Collective Agreement 2013 from the Fair Work Commission. The agreement was intended to govern the employment conditions of workers within the South Australian and Northern Territory regions. The Fair Work Commission was the tribunal tasked with assessing the application and deciding whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for approval. This involved examining whether the agreement provided for minimum rates of pay, hours of work and leave entitlements, and if it had been subject to a genuine bargaining process.

The Fair Work Commission found that the agreement met the necessary standards for approval. The Commission considered that the proposed agreement provided for fair and reasonable terms and conditions and was the product of genuine bargaining. The Commission noted that the agreement provided for minimum rates of pay, hours of work and leave entitlements, and that the parties had engaged in a genuine process of negotiation. As such, the Commission approved the agreement, finding that it complied with the requirements of the Fair Work Act.

In conclusion, the Fair Work Commission approved the Infrastructure Maintenance Collective Agreement 2013, finding that it met the necessary standards for approval under the Fair Work Act. The Commission considered that the agreement provided for fair and reasonable terms and conditions, and was the product of genuine bargaining. The approval of the agreement is significant for the parties involved, as it provides certainty and stability in the employment conditions of the workers within the South Australian and Northern Territory regions.

Genesee & Wyoming Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established