DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesee & Wyoming Australia Pty Ltd
(AG2017/511)

GENESEE & WYOMING AUSTRALIA PTY LTD (SA/NT) INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Infrastructure Maintenance 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) Infrastructure Maintenance 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 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

The matter before the Fair Work Commission involved Genesee & Wyoming Australia Pty Ltd and the Transport Workers Union of Australia. The company sought approval of the Infrastructure Maintenance Enterprise Agreement 2017, which was proposed to replace the existing agreement. The union contested the proposed changes, arguing that they were detrimental to the employees' conditions. The dispute was heard in the Fair Work Commission, which had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues centred around the fairness and appropriateness of the proposed agreement. The union argued that the changes in the agreement would result in a reduction in employee entitlements and working conditions. The company, on the other hand, contended that the changes were necessary to remain competitive and to ensure the sustainability of the business. The commission had to assess the balance between the company's need for flexibility and the employees' right to fair conditions of employment.

After considering the submissions from both parties, the commission found that the proposed agreement was procedurally and substantively fair. It noted that the agreement provided for reasonable terms and conditions, taking into account the need for the company to remain competitive. The commission was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009. Consequently, the commission approved the Infrastructure Maintenance Enterprise Agreement 2017.

The final orders of the commission were that the Genesee & Wyoming Australia Pty Ltd (SA/NT) Infrastructure Maintenance Enterprise Agreement 2017 be approved as a certified agreement under the Fair Work Act 2009. The agreement was to commence on the date of the decision and would remain in effect until it was replaced or terminated in accordance with the Act. The commission's decision provided certainty for both the company and its employees, ensuring that the agreement would be in place for the duration of its validity.

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