Downer EDI Rail Pty Ltd T/A Downer EDI Rail

[2019] FWCA 1217

[2019] FWCA 1217

FAIR WORK COMMISSION

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

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Annexure A