DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesee & Wyoming Australia Pty Ltd
(AG2017/2018)

GENESEE & WYOMING AUSTRALIA PTY LTD (SA/NT) RAIL OPERATIONS ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER WILSON	MELBOURNE, 22 JUNE 2017

Application for approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Rail Operations Enterprise Agreement 2017.

[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 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Genesee & Wyoming Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Genesee & Wyoming Australia Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Rail Operations Enterprise Agreement 2017. The dispute arose from negotiations between the employer and the union, representing the employees, concerning the terms and conditions of employment. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness of the agreement's creation and its substantive fairness. The union argued that certain provisions of the agreement were not fairly negotiated and did not meet the "better off overall test." The employer contended that the agreement was the product of genuine negotiations and that it met the necessary criteria for approval.

After examining the evidence and submissions from both parties, the Commission found that the agreement was fairly negotiated and met the statutory requirements for approval. The Commission noted that the agreement contained provisions that were beneficial to the employees, such as provisions for wage increases, improved working conditions, and the preservation of certain entitlements. The Commission was satisfied that the agreement was "better off overall" for the employees, taking into account both the direct and indirect benefits of the agreement. Accordingly, the Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act.

As a result of the Commission's decision, the Genesee & Wyoming Australia Pty Ltd (SA/NT) Rail Operations Enterprise Agreement 2017 was approved and will now govern the terms and conditions of employment for the relevant employees. The employer and the union are bound by the terms of the agreement, which will remain in effect until it is superseded by a new agreement or until it is terminated in accordance with the Fair Work Act.

Genesee & Wyoming Australia 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