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

Annexure A

The case before the Fair Work Commission involved Downer EDI Rail and the Rail, Tram and Bus Industry Union. The union sought approval of the Downer Rail East Pakenham Rolling Stock Enterprise Agreement 2018 - 2022. The primary concern was whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly in relation to the bargaining process and the terms and conditions outlined within the agreement.

The court had to determine if the union had genuinely bargained with the employer, whether the agreement was made in good faith, and if the terms of the agreement were fair and reasonable. This included assessing if the agreement contained all the essential terms as required by the Fair Work Act and if it adhered to the provisions concerning procedural fairness and the rights of employees. Additionally, the court needed to consider if the agreement provided a safety net for employees and did not undermine existing awards or agreements.

The Fair Work Commission found that the union had engaged in genuine bargaining and that the agreement was made in good faith. The court held that the agreement contained all the essential terms and was fair and reasonable, meeting the statutory requirements. The agreement was deemed to provide an adequate safety net and did not undermine any existing awards or agreements. Therefore, the court approved the Downer Rail East Pakenham Rolling Stock Enterprise Agreement 2018 - 2022.

Downer EDI Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established