Downer EDI Rail

[2018] FWCA 5741

[2018] FWCA 5741

FAIR WORK COMMISSION

DECISION

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

Downer EDI Rail
(AG2018/2516)

DOWNER RAIL EAST PAKENHAM ROLLING STOCK ENTERPRISE AGREEMENT 2018 - 2022

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the Downer Rail East Pakenham Rolling Stock Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the Downer Rail East Pakenham Rolling Stock Enterprise Agreement 2018 - 2022 (the Agreement). The application was made by Downer EDI Rail 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Rail Tram and Bus Industry Union (RTBU) are 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Rail Tram and Bus Industry Union (RTBU) and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2018. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500112  PR700329>

Annexure A