Downer EDI Rail Pty Ltd T/A Downer EDI Rail

[2018] FWCA 5683

[2018] FWCA 5683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd T/A Downer EDI Rail
(AG2018/2518)

DOWNER EDI RAIL TEC MORWELL ENTERPRISE AGREEMENT 2018 - 2021

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 SEPTEMBER 2018

Application for approval of the Downer EDI Rail TEC Morwell Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of a greenfields agreement known as the Downer EDI Rail Tec Morwell Enterprise Agreement 2018 – 2021 (the Agreement). The application was made by Downer EDI Rail Pty Ltd T/A Downer EDI Rail pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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<AE500084  PR700249>