Downer Edi Rail Pty Ltd T/A Edi Rail

[2024] FWCA 4102

[2024] FWCA 4102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Edi Rail Pty Ltd T/A Edi Rail

(AG2024/4214)

DOWNER RAIL TORBANLEA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 25 NOVEMBER 2024

Application for approval of the Downer Rail Torbanlea Enterprise Agreement 2024

1. Downer Edi Rail Pty Ltd T/A Edi Rail (the Employer) has applied for approval of an enterprise agreement known as the Downer Rail Torbanlea Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application is a greenfields agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The Agreement was made on 25 October 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

1. This is a greenfields agreement that meets the requirement of s.172(2)(b) of the Act. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) each submitted a Form F21 indicating that they wish to be covered by the Agreement.

1. In accordance with s.187(5)(a), I am satisfied that the AMWU and the CEPU, taken as a group, 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. Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the AMWU and the CEPU, and the Agreement covers those organisations.

1. I note that clause 29(e) may be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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