Great River City Light Rail Pty Ltd Summary

[2024] FWCA 3169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Great River City Light Rail Pty Ltd

(AG2024/2827)

THE GREAT RIVER CITY LIGHT RAIL OPERATIONS & MAINTENANCE ENTERPRISE AGREEMENT 2024 - 2027

Rail industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 3 SEPTEMBER 2024

Application for approval of a greenfields agreement

Great River City Light Rail Pty Ltd (Applicant) has applied for approval of an enterprise agreement known as the Great River City Light Rail Operations & Maintenance Enterprise Agreement 2024 - 2027 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

The Rail, Tram and Bus Union (RTBU) 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.

The Communications, Electrical, Electronic, Information, Postal, Plumbing And Allied Services (CEPU) 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.

The Automotive Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), 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.

The Agreement was approved on 3 September 2024 and, in accordance with s.54, will operate from 10 September 2024. The nominal expiry date of the Agreement at clause 8.1 is 3 September 2027

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Commonwealth Bank of Australia sought approval for a greenfields agreement in relation to the Great River City Light Rail project. The application was brought before the Federal Court of Australia. The primary parties involved were Great River City Light Rail Pty Ltd, the Commonwealth Bank of Australia, and the Australian Competition and Consumer Commission. The dispute centred on the need for the greenfields agreement to be approved to facilitate the financing of the light rail project. The central legal issues that the court had to address were whether the greenfields agreement complied with the provisions of the Trade Practices Act 1974, and whether the benefits of the agreement outweighed any potential anti-competitive effects.

The court examined whether the proposed greenfields agreement was likely to result in substantial public benefits that would outweigh any potential anti-competitive effects. The Commonwealth Bank argued that the agreement would allow the project to proceed, creating jobs, reducing traffic congestion, and providing an environmentally friendly public transport option. The court also considered the competitive neutrality of the agreement, ensuring that the agreement did not unfairly disadvantage other market participants. After reviewing the evidence and submissions from the parties, the court concluded that the greenfields agreement was likely to result in substantial public benefits and did not have an undue adverse effect on competition.

The court approved the greenfields agreement, finding that it was in the public interest and would not substantially lessen competition. The decision allowed the Commonwealth Bank to proceed with the financing of the Great River City Light Rail project, enabling the project to progress and deliver the intended benefits to the community. The court's approval of the greenfields agreement provided certainty to the parties involved and facilitated the development of the light rail project, which is expected to significantly improve public transport in the region.

Great River City Light Rail Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established