Downer EDI Rail Pty Ltd T/A Downer EDI Rail

[2019] FWCA 1808

[2019] FWCA 1808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd T/A Downer EDI Rail
(AG2018/6022)

DOWNER RAIL MARYBOROUGH ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 MARCH 2019

Application for approval of the Downer Rail Maryborough Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rail Maryborough Enterprise Agreement 2018 (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 T/A Downer EDI Rail. The Agreement is a single enterprise agreement.

[2] The Employer 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] I observe that clause 28.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 19 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, 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 was approved on 20 March 2019 and, in accordance with s.54, will operate from 27 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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<AE502387  PR706010>

Annexure A