DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd
(AG2016/5381)

DOWNER EDI RAIL PORT AUGUSTA ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Downer EDI Rail Port Augusta Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Rail Port Augusta Enterprise Agreement 2016-2019 (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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Downer EDI Rail Pty Ltd applied to the Fair Work Commission for the approval of the Downer EDI Rail Port Augusta Enterprise Agreement 2016-2019. The Fair Work Commission was required to determine whether the agreement was in the interests of the employees covered by it. The legal issues centred on whether the agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it provided for minimum terms and conditions of employment. The Commission found that the agreement was made in good faith and provided for minimum terms and conditions, including wages, hours of work, and leave entitlements. The Commission also considered the impact of the agreement on the employees and found that it was in their best interests. The Fair Work Commission approved the Downer EDI Rail Port Augusta Enterprise Agreement 2016-2019, and it became a legally binding contract between the employer and the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees.

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