DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Watco Transportation Services Pty Ltd
(AG2016/6964)

WATCO WA TRANSPORTATION SERVICES PTY LTD AND AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION” KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS’ UNION (AMWU) RAIL SUPPLY CHAIN MAINTENANCE ENTERPRISE AGREEMENT 2016

Rail industry
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Watco WA Transportation Services Pty Ltd and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) Rail Supply Chain Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Watco WA Transportation Services Pty Ltd and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) Rail Supply Chain Maintenance Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Watco Transportation Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be an additional term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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.

[5] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 25 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a new enterprise agreement between Watco Transportation Services Pty Ltd and the Australian Manufacturing Workers’ Union. The dispute centred around the terms and conditions of employment for employees within the rail supply chain maintenance sector. The application was brought before the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and enterprise agreements in Australia.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made freely and voluntarily, without any form of coercion, and whether it contained terms that were fair and reasonable. The Commission also had to consider whether the agreement adequately protected the interests of employees and whether it complied with the relevant industrial instruments.

In its decision, the Commission found that the agreement had been made freely and voluntarily, with no evidence of coercion or undue influence. The Commission noted that the parties had engaged in a comprehensive negotiation process and that the terms of the agreement were fair and reasonable. The Commission also found that the agreement provided adequate protections for employees, including provisions for fair pay and conditions, and that it complied with the relevant industrial instruments. Based on these findings, the Commission approved the enterprise agreement, noting that it would provide a stable and predictable workplace for employees.

The Fair Work Commission's decision to approve the enterprise agreement provides clarity and certainty for both Watco Transportation Services Pty Ltd and the Australian Manufacturing Workers’ Union. The approval of the agreement ensures that employees within the rail supply chain maintenance sector will benefit from fair and reasonable terms and conditions of employment, while also providing a stable and predictable workplace for employers. The decision also sets a precedent for future enterprise agreements in the industry, demonstrating the importance of fair and reasonable terms in promoting positive workplace relations.

Watco Transportation Services 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