Downer EDI Rail Pty Ltd

[2013] FWCA 2127

FAIR WORK COMMISSION

DECISION

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

Downer EDI Rail Pty Ltd
(AG2013/5828)

DOWNER EDI RAIL PTY LTD PNQ MAINTENANCE FACILITIES ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the Downer EDI Rail Pty Ltd PNQ Maintenance Facilities Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Rail Pty Ltd PNQ Maintenance Facilities Enterprise Agreement 2012-2015 (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 Australian Manufacturing Workers’ Union (the AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Rail Pty Ltd's application for approval of the Downer EDI Rail Pty Ltd PNQ Maintenance Facilities Enterprise Agreement 2012-2015 was heard by the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the necessary legal standards for approval, including fairness, transparency, and compliance with the Fair Work Act 2009.

The court was required to decide if the agreement was genuinely bargained, fairly and accurately represented the terms and conditions of employment, and did not undermine the rights of employees under the Fair Work Act. The consideration also extended to whether the agreement had been made without coercion and whether it contained appropriate dispute resolution mechanisms.

The Fair Work Commission determined that the proposed enterprise agreement met the legal criteria for approval. The court found that the agreement was genuinely negotiated, accurately represented the terms and conditions, and did not undermine employee rights. The court also confirmed that the agreement was made without coercion and contained adequate dispute resolution processes. Consequently, the application for approval was granted.

The final orders included the approval of the Downer EDI Rail Pty Ltd PNQ Maintenance Facilities Enterprise Agreement 2012-2015, subject to the terms and conditions set out in the agreement and the Fair Work Act. The agreement was to come into effect from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established