Genesee & Wyoming Australia Pty Ltd Summary

[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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Genesee & Wyoming Australia Pty Ltd (SA/NT) Terminal Operations Collective Agreement 2014 was heard. The case involved the applicant, Genesee & Wyoming Australia Pty Ltd, which sought approval for a new collective agreement. The dispute centred around the terms and conditions of employment for certain workers within the applicant’s operations. The Commission was required to determine if the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement provided for the proper operation of the business, maintained adequate safety standards, and met the procedural requirements for its registration. Additionally, the Commission needed to assess if the agreement adequately protected the rights of employees, particularly in relation to wages, conditions of employment, and dispute resolution mechanisms. The Commission also considered the extent to which the agreement complied with the Fair Work Act's provisions regarding employee representation and the avoidance of industrial action.

The Commission found that the proposed agreement was consistent with the legislative requirements. It was noted that the agreement facilitated the efficient operation of the business, maintained appropriate safety standards, and adhered to the procedural guidelines for approval. The Commission concluded that the agreement was fair and balanced, providing adequate protection for the employees’ rights. The applicant had demonstrated that it had consulted with employee representatives during the negotiation process, and the agreement reflected a fair negotiation process. Consequently, the Commission approved the proposed collective agreement.

Genesee & Wyoming Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established