DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walker OGR Pty Ltd
(AG2015/2257)

WALKER OGR ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 APRIL 2015

Application for approval of the Walker OGR Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Walker OGR Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Walker OGR Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 13 April 2015 and, in accordance with s.54, will operate from 20 April 2015. The nominal expiry date of the Agreement is 13 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case are Walker OGR Pty Ltd, a company in the rail industry, and the Transport Workers Union of Australia. The dispute centred on the approval of the Walker OGR Enterprise Agreement 2015, which aimed to establish terms and conditions of employment for the workers. The case was heard in the Fair Work Commission of Australia, a tribunal with jurisdiction over employment matters.

The key legal issues before the Commission were whether the agreement was made genuinely and in good faith, and if it provided fair and reasonable terms of employment. The Transport Workers Union contested the agreement, claiming it did not meet the standards required under the Fair Work Act 2009. The company argued that the agreement was genuinely negotiated and provided fair terms for the employees.

The Commission examined the evidence and submissions from both parties, taking into consideration the principles of genuine negotiation and fairness in the making of the agreement. The Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The terms and conditions of employment were considered fair and reasonable, taking into account the economic climate and the nature of the industry. The Commission approved the Walker OGR Enterprise Agreement 2015, dismissing the union's objections.

The Fair Work Commission approved the Walker OGR Enterprise Agreement 2015, finding that it was genuinely negotiated and provided fair and reasonable terms of employment. The union's objections were dismissed, and the agreement came into effect, governing the employment conditions for the workers in the rail industry.

Walker OGR Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established