Downer EDI Rail Pty Ltd
[2022] FWCA 2532
•27 JULY 2022
| [2022] FWCA 2532 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Rail Pty Ltd
(AG2022/2340)
Downer Rail Cardiff Facility Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 27 JULY 2022 |
Application for approval of the Downer Rail Cardiff Facility Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Downer Rail Cardiff Facility Enterprise Agreement 2021 (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.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, 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 organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2022. The nominal expiry date of the Agreement is 12 October 2025.
DEPUTY PRESIDENT
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