Downer EDI Rail Pty Ltd

[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

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.

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.

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.

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

CaseChat Overview and Summary

Downer EDI Rail Pty Ltd applied to the Fair Work Commission for approval of the Downer EDI Rail East Preston Facility Enterprise Agreement 2022. The dispute arose from negotiations between the company and its employees regarding terms and conditions of employment. The application was heard by the Commission, whose decision would be binding under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the statutory requirements of the Fair Work Act, particularly in relation to the provisions concerning the classification of employees, wages, and other conditions of employment. The Commission had to determine if the agreement met the "better off overall test" which requires that employees be no worse off financially and at least as well off in other terms and conditions compared to their previous conditions of employment.

The Commission examined the evidence presented by both parties and considered the provisions of the proposed agreement. It found that the agreement adequately protected the employees' rights and interests, and satisfied the better off overall test. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment that were in line with the objectives of the Fair Work Act.

The Fair Work Commission approved the Downer EDI Rail East Preston Facility Enterprise Agreement 2022, subject to certain conditions. The Commission found the agreement to be compliant with the statutory requirements and in the best interests of the employees. This decision provided certainty and clarity to both the company and its employees regarding their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established