Downer EDI Rail Pty Ltd

[2013] FWCA 9688

FAIR WORK COMMISSION

DECISION

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

Downer EDI Rail Pty Ltd
(AG2013/11126)

DOWNER RAIL CARDIFF FACILITY ENTERPRISE AGREEMENT 2013-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 DECEMBER 2013

Application for approval of the Downer EDI Rail Cardiff Facility Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Rail Cardiff Facility Enterprise Agreement 2013-2017 (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 Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 December 2013. The nominal expiry date of the Agreement is 12 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Downer EDI Rail Pty Ltd, which sought approval for the Downer EDI Rail Cardiff Facility Enterprise Agreement 2013-2017. The application was made under the Fair Work Act 2009, and the matter was heard by the Fair Work Commission (FWC). The dispute centred around the terms of the enterprise agreement, which covered employees at the Cardiff facility, and the process by which it had been negotiated and agreed upon.

The central legal issues before the FWC involved whether the enterprise agreement was genuinely negotiated and whether the application met the statutory requirements for approval. Specifically, the FWC had to consider whether the agreement was made in good faith and whether it was appropriately certified as a simple or low-risk enterprise agreement. Furthermore, the court examined whether the proper procedural steps were followed during the negotiation and agreement process.

The FWC determined that the enterprise agreement was genuinely negotiated and met the criteria for approval. The commission found that the agreement had been made in good faith and was appropriately classified as a low-risk enterprise agreement. The FWC also concluded that all necessary procedural steps were followed, including the provision of necessary information to the employees and their representatives. Based on these findings, the FWC approved the Downer EDI Rail Cardiff Facility Enterprise Agreement 2013-2017.

As a result of the FWC's decision, the enterprise agreement was approved and became effective, governing the employment terms and conditions for the employees at the Cardiff facility. The FWC's approval provided certainty and stability in the workplace, ensuring that the agreement complied with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established