Downer EDI Rail Pty Ltd

[2023] FWCA 1974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Rail Pty Ltd

(AG2023/2057)

DOWNER RAIL MAYNE MAINTENANCE FACILITY ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 JUNE 2023

Application for approval of the Downer Rail Mayne Maintenance Facility Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Downer Rail Mayne Maintenance Facility Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 13 June 2023.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 July 2023. The nominal expiry date of the Agreement is 28 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Rail Pty Ltd sought approval of the Downer Rail Mayne Maintenance Facility Enterprise Agreement 2023 in the Fair Work Commission. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009 as a simple greenfield agreement. The agreement was to apply to employees of the company who were members of the Rail, Tram and Bus Industry Union. The union had certified the agreement as a greenfield agreement under section 174 of the Fair Work Act 2009. The union did not oppose the approval of the agreement.

The applicant was required to establish that the agreement satisfied the requirements of section 232 of the Fair Work Act 2009. In particular, the applicant had to demonstrate that the agreement was a simple greenfield agreement. The union did not oppose the application for approval. However, the union submitted that the applicant had not demonstrated that the agreement was a simple greenfield agreement. The union submitted that the agreement did not meet the requirements of section 233 of the Fair Work Act 2009. The applicant submitted that the agreement met the requirements of section 233 of the Fair Work Act 2009.

The Commission found that the agreement was a simple greenfield agreement and approved the agreement under section 234 of the Fair Work Act 2009. The Commission found that the agreement contained all the required terms of the Fair Work Act 2009 and did not contain any prohibited terms. The Commission found that the agreement was made in good faith and was not made for the purposes of defeating the object of the Fair Work Act 2009. The Commission found that the agreement was a simple greenfield agreement.

The Commission approved the agreement under section 234 of the Fair Work Act 2009. The agreement is to be registered by the applicant with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established