Genesee & Wyoming Australia Pty Ltd

[2014] FWCA 5086

[2014] FWCA 5086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesee & Wyoming Australia Pty Ltd
(AG2014/1154)

GENESEE & WYOMING AUSTRALIA PTY LTD (SA/NT) TERMINAL OPERATIONS COLLECTIVE AGREEMENT 2014

Rail industry
COMMISSIONER LEE	MELBOURNE, 28 JULY 2014

Application for approval of the Genesee & Wyoming Australia Pty Ltd (SA/NT) Terminal Operations Collective Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Genesee & Wyoming Australia Pty Ltd (SA/NT) Terminal Operations Collective Agreement 2014 (the Agreement). The application was made by Genesee & Wyoming Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 42 does not comply with the requirements in section 203 of the Act. 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, and will be appended to the Agreement.

[3] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the model flexibility term applying and the undertaking referred to above, 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.

[6] The Australian Rail, Tram and Bus Industry Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 4 August 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure A:

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