Downer Edi Rail Pty Ltd T/A Edi Rail

[2022] FWCA 3746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Edi Rail Pty Ltd T/A Edi Rail

(AG2022/4371)

Downer EDI Rail Newport Facility Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 27 OCTOBER 2022

Application for approval of the Downer EDI Rail Newport Facility Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Downer EDI Rail Newport Facility Enterprise Agreement 2022 (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 Edi Rail. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Manufacturing Workers' Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 3 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Downer Edi Rail Pty Ltd, trading as Edi Rail, seeking approval of the Downer EDI Rail Newport Facility Enterprise Agreement 2022. The application was heard by the Fair Work Commission, specifically in its role as the relevant federal workplace authority. The primary dispute centres around the procedural and substantive fairness of the agreement, ensuring it meets the legal standards set out under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement was genuinely bargained, if it complied with the relevant sections of the Act, and whether it provided adequate protections for the employees involved. Additionally, the court examined if the necessary procedural steps were followed in the negotiation and finalisation of the agreement, including whether employees had adequate opportunities to be involved in the bargaining process.

In determining the case, the court considered the evidence provided by both Downer Edi Rail and the relevant unions. It assessed the bargaining process, the content of the agreement, and whether it met the statutory requirements for fairness and compliance. The court found that the agreement was genuinely negotiated and provided fair terms for the employees. It also concluded that the necessary procedural requirements were satisfied, leading to the approval of the agreement.

Consequently, the Fair Work Commission approved the Downer EDI Rail Newport Facility Enterprise Agreement 2022, confirming its compliance with the legislative standards. This decision allows the agreement to be implemented, providing a legal framework for the employment conditions at the Newport Facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established