DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Watco Australia Logistics Pty Ltd
(AG2019/3882)

WATCO AUSTRALIA RAIL SUPPLY CHAIN AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 NOVEMBER 2019

Application for approval of the Watco Australia Rail Supply Chain Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Watco Australia Rail Supply Chain Agreement 2019. (the Agreement). The application was made by Watco Australia Logistics Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Australian Rail, Tram and Bus Industry Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Australian Rail, Tram and Bus Industry Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2019. The nominal expiry date of the Agreement is 3 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Watco Australia Logistics Pty Ltd, sought approval of the Watco Australia Rail Supply Chain Agreement 2019 in the Federal Circuit and Family Court. The dispute involved the terms and conditions of the agreement, which was designed to regulate the supply chain for rail logistics services in Australia. The application was brought under the Fair Work Act 2009, which provides for the approval of enterprise agreements that meet specific criteria.

The primary legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act and whether it was made in good faith and without coercion. The court had to consider various aspects of the agreement, including its coverage, the bargaining process, and the extent to which the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the court examined whether the agreement was likely to achieve its stated objectives of improving efficiency and productivity in the rail logistics sector.

In reaching its decision, the court assessed the evidence presented by both parties and considered the principles of fairness and good faith bargaining as outlined in the Fair Work Act. The court found that the agreement was made in good faith and without coercion, and that it provided for fair and reasonable terms and conditions for the employees involved. The court was satisfied that the agreement would achieve its objectives and improve the efficiency and productivity of the rail logistics sector. Consequently, the court approved the Watco Australia Rail Supply Chain Agreement 2019.

The final orders of the court included the approval of the Watco Australia Rail Supply Chain Agreement 2019, effective from the date of the judgment. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to implement the terms of the agreement. The court also ordered that the agreement be given effect in accordance with its terms and conditions.

Watco Australia Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established