Genesee & Wyoming Australia Pty Ltd Summary

[2014] FWCA 3085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesee & Wyoming Australia Pty Ltd
(AG2014/893)

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

Rail industry
COMMISSIONER ROBERTS	SYDNEY, 9 MAY 2014

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

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

[2] On 7 May 2014 undertakings were provided by Ms V Hoey, the Company’s Director Human Resources. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202 of the Act the model flexibility term is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation term. Pursuant to s.205 of the Act the model consultation term is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[6] The Australian Rail Tram and Bus Industry Union - SA/NT Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Genesee & Wyoming Australia Pty Ltd to have the Rail Operations Collective Agreement 2014 approved. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the application and determining whether the agreement met the necessary requirements for approval.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to examine if the agreement was in writing, contained the minimum terms and conditions as stipulated by the Act, and if it had been negotiated in good faith. The Commission also considered whether the agreement appropriately balanced the rights and interests of both employers and employees.

In assessing the application, the Commission noted that the agreement was in writing and contained all the necessary minimum terms and conditions. It was also satisfied that the agreement had been genuinely negotiated in good faith. The Commission found that the agreement was fair and reasonable, taking into account the rights and interests of both parties. Given these findings, the Commission approved the Rail Operations Collective Agreement 2014.

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