DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd T/A Downer EDI Rail
(AG2018/5491)

DOWNER RAIL MAYNE MAINTENANCE FACILITY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2019

Application for approval of the Downer Rail Mayne Maintenance Facility Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rail Mayne Maintenance Facility 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 25 February 2019 and, in accordance with s 54, will operate from 4 March 2019. The nominal expiry date of the Agreement is 25 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Rail Pty Ltd, trading as Downer Rail, applied to the Fair Work Commission for approval of the Downer Rail Mayne Maintenance Facility Enterprise Agreement 2018. The application was made by the employer under section 234 of the Fair Work Act 2009. The dispute arose from negotiations between the employer and its employees for a new enterprise agreement. The Commission was required to determine whether the agreement met the requirements for registration under the Act and whether it should be approved.

The central legal issues before the Commission were whether the agreement provided for the mandatory terms and whether it had been fairly negotiated. The Commission noted that the agreement included provisions for minimum rates of pay, penalty rates, and leave entitlements. The Commission also had to consider whether the agreement had been negotiated in good faith and whether it provided for the resolution of future disputes. The Commission found that the agreement met the requirements for registration and was in the interests of the employees.

The Commission considered that the agreement provided for the mandatory terms and that it had been negotiated in good faith. The Commission noted that the agreement included provisions for the resolution of future disputes, which was a positive feature. The Commission was also satisfied that the agreement was in the interests of the employees, as it provided for a number of benefits, including increased pay rates and improved conditions of work. The Commission approved the agreement and registered it under the Act. The employer and its employees are now bound by the terms of the agreement, which will remain in force until it is varied or replaced by a new agreement.

Downer EDI Rail Pty Ltd T/A Downer EDI Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established