Downer EDI Rail Pty Ltd Summary

[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

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 Rail Cardiff Facility Enterprise Agreement 2021. The application was made under section 234 of the Fair Work Act 2009. The applicant, Downer EDI Rail Pty Ltd, is a railway company, and the respondents are the Rail, Tram and Bus Industry Union and Australian Manufacturing Workers Union, representing employees of the company. The dispute revolves around the terms and conditions of employment for the employees of the company, as outlined in the proposed enterprise agreement.

The legal issues before the court were whether the proposed enterprise agreement met the requirements under the Fair Work Act and if it provided for the fair and efficient operation of the enterprise. The court had to consider whether the agreement contained the minimum terms and conditions mandated by the Act, and whether it allowed for the negotiation of terms and conditions on a basis other than individual contracts of employment. The court also had to determine if the agreement provided for the fair and efficient operation of the enterprise, and whether it was in the best interests of the employees.

The Fair Work Commission found that the proposed enterprise agreement met the requirements under the Fair Work Act and provided for the fair and efficient operation of the enterprise. The court found that the agreement contained the minimum terms and conditions mandated by the Act, and allowed for the negotiation of terms and conditions on a basis other than individual contracts of employment. The court also found that the agreement provided for the fair and efficient operation of the enterprise, and was in the best interests of the employees. The application was approved, and the Downer Rail Cardiff Facility Enterprise Agreement 2021 was registered under the Fair Work Act.

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