GTE Rail Australia Pty Ltd Summary

[2014] FWCA 659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GTE Rail Australia Pty Ltd
(AG2014/3380)

GTE RAIL AUSTRALIA PTY LTD NATIONAL ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 29 JANUARY 2014

Application for approval of the GTE Rail Australia Pty Ltd National Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GTE Rail Australia Pty Ltd National Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by GTE Rail Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term however, it is not a consultation term

that fully complies with s205 of the Act. Consequently the model consultation term is taken to

be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Rail, Tram and Bus Industry Union (ARTBU) 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 5 February 2014. The nominal expiry date is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of GTE Rail Australia Pty Ltd, the Fair Work Commission was called upon to assess the proposed National Enterprise Agreement 2013. The application for approval of this agreement was brought before the Commission by the employer, GTE Rail Australia Pty Ltd, and involved considerations of employee rights and terms of employment under the Fair Work Act 2009. The primary focus was on whether the agreement met the statutory requirements for a national workplace determination.

The legal issues before the Commission were whether the agreement was genuinely a bargain between the parties, whether it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether the agreement had been made in good faith and without coercion. Additionally, the Commission needed to consider the impact of the agreement on the employees' terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act and the National Workplace Determination.

The Fair Work Commission examined the evidence presented by both the employer and the employees' representatives. It considered the process by which the agreement was negotiated and whether it was made in good faith. The Commission also assessed the terms and conditions of the agreement against the minimum standards set by the Fair Work Act and the National Workplace Determination. After reviewing all the evidence, the Commission found that the agreement met the necessary criteria for approval. It was a genuine bargain, contained the required minimum terms, and had been negotiated in good faith without coercion.

The Fair Work Commission approved the GTE Rail Australia Pty Ltd National Enterprise Agreement 2013, recognising it as a valid national workplace determination under the Fair Work Act 2009. The approval was based on the finding that the agreement met all statutory requirements and provided fair terms and conditions for the employees involved.

GTE Rail 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