DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesee & Wyoming Australia Pty Ltd
(AG2017/409)

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

Rail industry
COMMISSIONER ROE	MELBOURNE, 16 MARCH 2017

Application for approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Terminal 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) Terminal 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 16 March 2017 and, in accordance with s.54, will operate from 23 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Genesee & Wyoming Australia Pty Ltd sought approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Terminal Operations Enterprise Agreement 2017. The dispute involved the application of the agreement to employees who were part of the bargaining unit. The legal issues centred on whether the agreement complied with the relevant legislative requirements and whether it was made in good faith and in the proper context. The Commission had to determine if the agreement was appropriately negotiated and if it adhered to the provisions of the Fair Work Act 2009.

The Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining. It considered whether the parties had engaged in a meaningful dialogue and if the agreement reflected a fair and equitable resolution of the issues. The Commission also assessed if the agreement contained the necessary minimum terms and conditions and if it was consistent with the broader framework of industrial relations law. The company argued that the agreement was the product of good faith negotiations and met all statutory requirements. The employees, represented by their union, contended that certain provisions of the agreement were unfair and did not reflect proper bargaining.

After reviewing the evidence and arguments presented, the Commission found that the agreement was made in good faith and within the proper context. It determined that the negotiation process was genuine and that the terms of the agreement were fair and reasonable. The Commission concluded that the agreement complied with the necessary legislative provisions and approved it. The company's application for approval was thus successful.

The Fair Work Commission approved the Genesee & Wyoming Australia Pty Ltd (SA/NT) Terminal Operations Enterprise Agreement 2017. The approval signifies that the agreement is valid and enforceable under the Fair Work Act 2009. The decision provides clarity for the parties involved and sets a precedent for future enterprise agreements in similar contexts.

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