Downer EDI Rail Pty Ltd

[2018] FWCA 3465

[2018] FWCA 3465

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Rail Pty Ltd

(AG2018/994)

Downer EDI Rail East Preston Facility Enterprise Agreement 2018 - 2022

Manufacturing and associated industries
Commissioner McKinnon	MELBOURNE, 13 JUNE 2018

Application for approval of the Downer EDI Rail East Preston Facility Enterprise Agreement 2018 -2022.

1. An application has been made for approval of a greenfields agreement known as the Downer EDI Rail East Preston Facility Enterprise Agreement 2018 -2022 (Agreement). The application was made by Downer EDI Rail Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. The Agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and the CEPU and that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 15 March 2022.

COMMISSIONER

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Annexure A