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

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 EDI Rail Pty Ltd Queensland Coal Maintenance Facilities Enterprise Agreement 2016-2019. The matter was heard by the Commission in Brisbane. The primary dispute was whether the agreement met the requirements of the Fair Work Act 2009 in terms of being a bona fide enterprise agreement, free from any invalid provisions.

The Commission had to determine if the agreement was genuinely negotiated between the employer and the employees, and if it contained any provisions that were not allowable under the Fair Work Act. The key issues were whether the agreement covered the right topics, was free from any provisions that would undermine the protections of the Act, and was approved by a majority of the relevant employees.

The Commission found that the agreement was a bona fide enterprise agreement as it was negotiated in good faith and covered all the necessary topics. The Commission also found that the agreement did not contain any invalid provisions and was approved by the majority of the employees. The Commission approved the agreement, finding that it met all the necessary criteria under the Fair Work Act.

The Commission made an order approving the Downer EDI Rail Pty Ltd Queensland Coal Maintenance Facilities Enterprise Agreement 2016-2019 as a registered 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