Downer EDI Rail Pty Ltd

[2016] FWCA 3944

[2016] FWCA 3944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd
(AG2016/3432)

DOWNER EDI RAIL PTY LTD QUEENSLAND COAL MAINTENANCE FACILITIES ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Downer EDI Rail Pty Ltd Queensland Coal Maintenance Facilities Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Rail Pty Ltd Queensland Coal Maintenance Facilities 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] 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. 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.

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

[4] The Agreement was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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