Downer EDI Rail Pty Ltd Summary

[2013] FWCA 1851

FAIR WORK COMMISSION

DECISION

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

Downer EDI Rail Pty Ltd
(AG2013/5725)

DOWNER EDI RAIL DYNON MAINTENANCE CENTRE ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 28 MARCH 2013

Application for approval of the Downer EDI Rail Dynon Maintenance Centre Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Rail Dynon Maintenance Centre Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union, each being a bargaining representative for the Agreement, have 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 each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 April 2013. The nominal expiry date is 31 December 2015.

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 Dynon Maintenance Centre Enterprise Agreement 2013 - 2015. The application was brought under section 233 of the Fair Work Act 2009, as the agreement had been negotiated but not yet registered by the Fair Work Commission. The applicant argued that the agreement should be approved and registered because it met all the requirements of the Act, including that it provided for the resolution of disputes between the employer and employees, and that it was in the best interests of the employees.

The legal issues before the Commission were whether the agreement provided for the fair and efficient resolution of disputes, whether it was in the best interests of the employees, and whether it complied with the requirements of the Fair Work Act 2009. The Commission considered the provisions of the agreement that dealt with dispute resolution, as well as the evidence given by the parties on the implementation of the agreement and its overall effect on employees. The Commission found that the agreement provided for the fair and efficient resolution of disputes and that it was in the best interests of the employees. The Commission also found that the agreement complied with the requirements of the Act.

The Fair Work Commission approved the application and registered the agreement as a registered agreement under section 176 of the Fair Work Act 2009. The Commission found that the agreement provided for the fair and efficient resolution of disputes and that it was in the best interests of the employees. The Commission also found that the agreement complied with the requirements of the Act. The Commission noted that the agreement provided for a comprehensive dispute resolution process, including a requirement for the parties to attempt to resolve disputes through negotiation before resorting to more formal processes. The Commission also found that the agreement provided for the protection of employees' rights and interests, and that it was in the best interests of the employees.

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