Downer EDI Rail Pty Ltd Summary

[2014] FWCA 3592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd
(AG2014/5714)

DOWNER RAIL MARYBOROUGH ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 MAY 2014

Application for approval of the Downer Rail Maryborough Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rail Maryborough Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Rail Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Mining and Energy Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 June 2014. The nominal expiry date of the Agreement is 30 April 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Rail Pty Ltd recently brought an application before the Fair Work Commission seeking approval of the Downer Rail Maryborough Enterprise Agreement 2014-2018. The applicant argued that the agreement provided for the fair and reasonable remuneration of its employees, as well as reasonable conditions of work. The dispute involved whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically regarding the provisions concerning remuneration and other conditions of employment.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the "better off overall test" as outlined in the Fair Work Act. This test requires that the agreement, if approved, must provide employees with conditions that are no worse than the applicable award or safety net and must offer some form of benefit, however small, to the employees. The Commission needed to determine if the agreement provided fair and reasonable terms and conditions to the employees and if it met the statutory requirements.

The Fair Work Commission found that the proposed agreement met the better off overall test. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate remuneration and conditions of work. The Commission was satisfied that the agreement offered a balance of benefits and detriments that was fair and reasonable, and that it provided some benefit to the employees. As a result, the Commission approved the Downer Rail Maryborough Enterprise Agreement 2014-2018.

The Fair Work Commission approved the Downer Rail Maryborough Enterprise Agreement 2014-2018, finding it met the statutory requirements of the Fair Work Act. The agreement was certified as meeting the better off overall test, providing fair and reasonable terms and conditions of employment for the employees. This decision confirms the validity of the enterprise agreement, allowing it to come into effect and govern the employment conditions of the parties involved.

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