DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Rail Pty Ltd
(AG2017/982)

DOWNER EDI RAIL NEWPORT FACILITY ENTERPRISE AGREEMENT 2016-2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 APRIL 2017

Application for approval of the Downer EDI Rail Newport Facility Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Rail Newport Facility Enterprise Agreement 2016-2020 (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.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Rail, Tram and Bus Industry Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 these organisations.
[5] The Agreement was approved on 11 April 2017 and, in accordance with s.54, will operate from 18 April 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Rail Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Downer EDI Rail Newport Facility Enterprise Agreement 2016-2020. The application was made by the employer, Downer EDI Rail Pty Ltd, and involved the employees of the Newport Facility who are represented by the Rail, Tram and Bus Industry Union. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which sought to govern the employment relationship between the employer and the employees during the specified period.

The legal issues before the Commission included whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, such as ensuring the agreement provided for fair and reasonable terms and conditions, and whether it was free from any unfair provisions. Additionally, the Commission needed to consider whether the agreement had been genuinely negotiated between the parties and whether it provided for the protection of employees' rights and interests.

In its decision, the Fair Work Commission determined that the Downer EDI Rail Newport Facility Enterprise Agreement 2016-2020 met the requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions and was genuinely negotiated. The Commission also noted that the agreement contained provisions that protected the rights and interests of the employees, including provisions related to redundancy, dispute resolution, and leave entitlements. Consequently, the application for approval was granted, and the agreement was registered as a certified agreement under the Fair Work Act 2009.

Downer EDI Rail Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established