Downer EDI Rail Pty Ltd t/a EDI Rail

[2021] FWCA 7280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd t/a EDI Rail
(AG2021/8754)

DOWNER RAIL MARYBOROUGH ENTERPRISE AGREEMENT 2021

Rail industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 DECEMBER 2021

Application for approval of the Downer Rail Maryborough Enterprise Agreement 2021.

[1] Downer EDI Rail Pty Ltd has applied for approval of a single enterprise agreement known as the Downer Rail Maryborough Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 23 December 2021 and, in accordance with s.54, will operate from 30 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Downer Rail Maryborough Enterprise Agreement 2021 by Downer EDI Rail Pty Ltd trading as EDI Rail. The application was brought before the Fair Work Commission, which was tasked with assessing whether the agreement met the necessary requirements under the Fair Work Act 2009. The primary concern was whether the agreement had been made in accordance with the prescribed process and whether it contained the mandated minimum terms and conditions.

The key legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties, whether it contained the minimum terms and conditions, and whether the agreement was in the best interests of the employees. The Commission had to determine if the bargaining process was genuine and if the agreement fairly reflected the parties' negotiations. Additionally, it was necessary to verify that the agreement included all mandatory minimum terms and conditions as stipulated by the Act, and to ensure that the agreement would not adversely affect the employees' interests.

The Commission meticulously examined the evidence presented, including the bargaining records and the terms of the agreement. It was found that the agreement was genuinely negotiated between the parties and that it encompassed all the required minimum terms and conditions. The Commission concluded that the agreement would not have an adverse effect on the employees' interests, thereby meeting the criteria for approval. The Commission approved the Downer Rail Maryborough Enterprise Agreement 2021, recognising it as compliant with the statutory requirements.

In light of the findings, the Commission issued an order approving the Downer Rail Maryborough Enterprise Agreement 2021. This order became effective from the date of the Commission's decision, ensuring that the terms of the agreement would govern the employment conditions for the relevant workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established