Genesee & Wyoming Australia Pty Ltd

[2019] FWCA 8504

[2019] FWCA 8504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesee & Wyoming Australia Pty Ltd
(AG2019/4677)

GENESEE & WYOMING AUSTRALIA PTY LTD (SA/NT) RAIL OPERATIONS ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER PLATT	ADELAIDE, 17 DECEMBER 2019

Application for approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Rail Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Genesee & Wyoming Australia Pty Ltd (SA/NT) Rail Operations Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Genesee & Wyoming Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 December 2019.

[3] On 13 December 2019, I corresponded with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 13 December 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  In relation to clause 32.1 of the Agreement, where an employee’s ordinary hours of work are able to be systematically rostered throughout the 24 hours of the day and/or the 7 days of the week they will be entitled to 5 weeks paid leave per year.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 16 December 2023.

COMMISSIONER

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