Downer Edi Rail Pty Ltd T/A Edi Rail

Case

[2022] FWCA 3746

27 OCTOBER 2022


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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

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<AE517945  PR747233>

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