Downer EDI Rail Pty Ltd

[2013] FWCA 5118

FAIR WORK COMMISSION

DECISION

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

Downer EDI Rail Pty Ltd
(AG2013/7674)

DOWNER EDI RAIL SOUTH AUSTRALIA AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 30 JULY 2013

Application for approval of the Downer EDI Rail South Australia and Northern Territory Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Rail South Australia and Northern Territory Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Downer EDI Rail Pty Ltd for the approval of the Downer EDI Rail South Australia and Northern Territory Enterprise Agreement 2013-2016. The dispute centred around the terms of the proposed enterprise agreement between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicants sought the Commission's endorsement of the agreement, which had been negotiated to govern the employment conditions of workers within specified regions.

The key legal issues before the Commission included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for the "better off overall test" and whether it adhered to the relevant provisions of the Act. Additionally, the Commission needed to determine if the agreement complied with the procedural requirements, such as the provision of relevant documents and the involvement of bargaining representatives.

In reaching its decision, the Commission examined the provisions of the proposed agreement, focusing on the financial implications for employees and whether they would be better off overall. The Commission also assessed the procedural fairness of the bargaining process and whether all necessary documentation was provided. The Commission concluded that the agreement met the statutory requirements for approval, as it provided for the better off overall test and adhered to the relevant provisions of the Fair Work Act 2009. The Commission found that the agreement was fairly negotiated and that all procedural requirements were met.

Accordingly, the Fair Work Commission approved the Downer EDI Rail South Australia and Northern Territory Enterprise Agreement 2013-2016, effective from 1 July 2013. The Commission determined that the agreement satisfied the statutory requirements for approval and provided for the employees' better off overall. The agreement now governs the employment conditions of workers within the specified regions, as outlined in the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established