DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesee & Wyoming Australia Pty Ltd
(AG2016/5768)

GENESEE & WYOMING AUSTRALIA PTY LTD (SA/NT) ROLLINGSTOCK MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 NOVEMBER 2016

Application for approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Rollingstock Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Genesee & Wyoming Australia Pty Ltd (SA/NT) Rollingstock Maintenance Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gemesee & Wyoming Australia Pty Ltd (SA/NT) Rollingstock Maintenance Enterprise Agreement 2016. 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. 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Australian Rail, Tram and Bus Industry Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement was approved on 11 November 2016 and, in accordance with s.54, will operate from 18 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Genesee & Wyoming Australia Pty Ltd, the matter before the Fair Work Commission involved an application for the approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Rollingstock Maintenance Enterprise Agreement 2016. The dispute centred on whether the agreement, which was proposed to replace an existing enterprise agreement, met the necessary legal requirements and provided fair terms for the employees involved. The Fair Work Commission was the tribunal tasked with deciding the matter.

The legal issues that the Commission had to resolve included whether the agreement was genuinely negotiated, whether it complied with the Fair Work Act 2009, and whether the process leading to the agreement was free from any unfair practices or coercion. Additionally, the Commission needed to determine if the agreement provided adequate protections and entitlements for the employees, ensuring it did not disadvantage any party.

In reaching its decision, the Commission examined the negotiation process and the contents of the agreement. The Commission found that the agreement had been genuinely negotiated and that it complied with the statutory requirements under the Fair Work Act 2009. It was determined that the agreement provided fair terms and conditions for the employees and did not contain any unfair practices. The Commission also found that the agreement included appropriate protections and benefits for the employees, thus ensuring that no party was unduly disadvantaged. Consequently, the Commission approved the agreement, confirming its validity and applicability.

The Fair Work Commission approved the Genesee & Wyoming Australia Pty Ltd (SA/NT) Rollingstock Maintenance Enterprise Agreement 2016, recognising it as a fair and legally compliant agreement. This approval meant that the terms of the agreement could be implemented, providing a new framework for the employment conditions of the rollingstock maintenance employees in South Australia and the Northern Territory.

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