DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd T/A Downer EDI Rail Pty Ltd
(AG2018/89)

DOWNER RAIL CARDIFF FACILITY ENTERPRISE AGREEMENT 2017-2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the Downer Rail Cardiff Facility Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rail Cardiff Facility Enterprise Agreement 2017-2021 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[5] 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.

[6] The Agreement was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 2018. The nominal expiry date of the Agreement is 12 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Downer EDI Rail Pty Ltd, trading as Downer EDI Rail, and the Australian Rail and Maritime Transport Officers' Union. The dispute centred on the application for approval of the Downer Rail Cardiff Facility Enterprise Agreement 2017-2021. The Fair Work Commission was the court in which this matter was heard.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, whether it included provisions for minimum rates of pay and entitlements, and whether it allowed for the resolution of workplace disputes.

The Commission found that the agreement did indeed meet the statutory requirements for approval. It concluded that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay and entitlements, and contained mechanisms for the resolution of workplace disputes. The Commission considered the evidence provided by both parties and took into account the nature of the workplace and the industry in which the employees were engaged. It was satisfied that the agreement was fair and reasonable and approved the Downer Rail Cardiff Facility Enterprise Agreement 2017-2021.

The Fair Work Commission approved the Downer Rail Cardiff Facility Enterprise Agreement 2017-2021, finding it met the requirements for approval under the Fair Work Act 2009.

Downer EDI Rail Pty Ltd T/A 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