Downer EDI Rail Pty Ltd

[2022] FWCA 3243

[2022] FWCA 3243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Rail Pty Ltd

(AG2022/3781)

Downer EDI Rail East Preston Facility Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 SEPTEMBER 2022

Application for approval of the Downer EDI Rail East Preston Facility Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Downer EDI Rail East Preston Facility Enterprise Agreement 2022 (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.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in Section 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia, the Australian Manufacturing Workers Union, and the Australian Rail Tram and Bus Industry Union, 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), I note that the Agreement covers the organisations.

1. The Agreement was approved on 19 September 2022 and, in accordance with s.54, will operate from 26 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517468  PR745941>