Downer EDI Rail Pty Ltd Summary

[2014] FWCA 6716

FAIR WORK COMMISSION

DECISION

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

Downer EDI Rail Pty Ltd
(AG2014/8942)

DOWNER RAIL MAYNE MAINTENANCE FACILITY ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 SEPTEMBER 2014

Application for approval of the Downer Rail Mayne Maintenance Facility Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rail Mayne Maintenance Facility Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 1 October 2014. The nominal expiry date of the Agreement is 12 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Rail Pty Ltd recently had its Mayne Maintenance Facility Enterprise Agreement 2014-2018 submitted for approval to the Fair Work Commission. The application was brought before the commission to determine whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The central issue before the commission was whether the enterprise agreement provided adequate protection to employees' rights and interests, specifically focusing on provisions related to classification and pay rates, redundancy, and working conditions.

The commission examined the fairness of the agreement by assessing whether it was made in good faith, whether it was free from coercion or undue influence, and whether it contained all the terms required by the Act. The application also sought to confirm that the agreement provided for the appropriate representation of employee interests and that it complied with the procedural requirements for approval. The commission considered submissions from both the applicant and the employees' representative, as well as any relevant industrial instruments and common law principles.

In its decision, the commission found that the enterprise agreement was made in good faith and was free from any form of coercion or undue influence. It was determined that the agreement provided for adequate classification and pay rates, as well as appropriate protections for employees in the event of redundancy. The commission also found that the agreement adequately addressed working conditions and provided for the appropriate representation of employee interests. Based on these findings, the commission approved the Downer Rail Mayne Maintenance Facility Enterprise Agreement 2014-2018.

The final orders of the commission included the approval of the enterprise agreement, with specific provisions relating to classification and pay rates, redundancy, and working conditions. The commission also ordered that the agreement be published and that copies be provided to all relevant parties. The decision represents an important step in ensuring that employees' rights and interests are protected under the terms of the enterprise agreement.

Downer EDI Rail Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established