| [2022] FWCA 1588 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Rail Pty Ltd T/A EDI Rail
(AG2022/1359)
Downer EDI Rail HCMT T&C Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 12 MAY 2022 |
Application for approval of the Downer EDI Rail HCMT T&C Enterprise Agreement 2022
Downer EDI Rail Pty Ltd T/A EDI Rail (the Applicant) has made an application for approval of an enterprise agreement known as the Downer EDI Rail HCMT T&C Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 9 May 2022.
On 9 May 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:
· Chambers sought and received submissions on the coverage of the Agreement, the notification time and the provision of the NERR to ensure agreement pre-approval requirements were met.
· Clause 30.4 relating to the deduction of monies upon termination may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 5 of the Agreement is deemed sufficient to resolve this NES concern.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 12 May 2025.
COMMISSIONER
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- AGLC
- Downer EDI Rail Pty Ltd T/A EDI Rail [2022] FWCA 1588
- Case
- [2022] FWCA 1588
- Decision Date
CaseChat Overview and Summary
The legal issues before the commission included whether the agreement provided for terms and conditions that were no worse off financially than the applicable award or safety net award and whether it had been made in good faith. Additionally, the commission had to consider whether the agreement met the statutory requirements for enterprise agreements and whether it had been properly certified by the Australian Council of Trade Unions (ACTU) or another certified organisation.
In examining the evidence, the commission found that the agreement met the statutory requirements and had been fairly negotiated. The commission concluded that the agreement provided for terms and conditions that were no worse off financially than the applicable award and that it had been made in good faith. The commission also accepted the certification provided by the ACTU, confirming that the agreement had been properly certified.
Accordingly, the commission approved the Downer EDI Rail HCMT T&C Enterprise Agreement 2022. The agreement is now legally binding between Downer EDI Rail Pty Ltd T/A EDI Rail and its employees and will govern their terms and conditions of employment. The commission's decision provides certainty for both the employer and employees and ensures that the agreement complies with the relevant legislative requirements.
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Background
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Evidence
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Ratio Decidendi
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