Downer EDI Rail Pty Ltd Summary

[2013] FWCA 2774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd
(AG2013/6119)

DOWNER EDI RAIL NEWPORT ENTERPRISE AGREEMENT 2012 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 MAY 2013

Application for approval of the Downer EDI Rail Newport Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Rail Newport Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Downer EDI Rail Pty Ltd. 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), the Australian Rail, Tram and Bus Industry Union (ARTBIU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisation. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Rail Pty Ltd applied to the Fair Work Commission for approval of the Downer EDI Rail Newport Enterprise Agreement 2012 - 2016. The applicants, Downer EDI Rail and the Electrical Trades Union of Australia, argued that the agreement was made in good faith and that the approval was appropriate. The application was opposed by a number of individuals who were employees of Downer EDI Rail. The objectors argued that the agreement contained terms that were not consistent with the Fair Work Act 2009 and that the approval should be refused.

The main legal issues that the Commission was required to decide related to whether the agreement was made in good faith, whether the agreement complied with the requirements of the Fair Work Act, and whether the approval of the agreement was appropriate. The Commission considered the evidence and submissions of the parties and found that the agreement was made in good faith and that the terms of the agreement were consistent with the Fair Work Act. The Commission also found that the approval of the agreement was appropriate.

The Fair Work Commission approved the Downer EDI Rail Newport Enterprise Agreement 2012 - 2016. The Commission found that the agreement was made in good faith and that the terms of the agreement were consistent with the Fair Work Act. The Commission also found that the approval of the agreement was appropriate. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employees and the employer and that the agreement would promote harmonious, productive and cooperative workplace relations. The Commission also noted that the agreement provided for a number of protections for the employees, including protections relating to redundancy and termination of employment.

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