Downer EDI Rail Pty Ltd T/A EDI Rail

[2021] FWCA 6116

[2021] FWCA 6116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Rail Pty Ltd T/A EDI Rail

(AG2021/7597)

Downer EDI Rail TEC Morwell Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER O’NEILL	MELBOURNE, 6 OCTOBER 2021

Application for approval of the Downer EDI Rail TEC Morwell Enterprise Agreement 2021

1. EDI Rail has applied for approval of an enterprise agreement known as the Downer EDI Rail TEC Morwell Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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.

1. 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 being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 24.3 – Taking personal sick and carer’s leave;

·           Clause 25 – Compassionate Leave;

·           Clause 31.4 – Notice of Termination; and

·           Clause 32.1 – Redundancy/Severance.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2021. The nominal expiry date of the Agreement is 23 August 2024.

COMMISSIONER

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