DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd T/A EDI Rail
(AG2021/6518)

DOWNER EDI RAIL HCMT BUILD AGREEMENT 2021

Rail industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 AUGUST 2021

Application for approval of the Downer EDI Rail HCMT Build Agreement 2021.

[1] Downer EDI Rail Pty Ltd T/A EDI Rail (the Employer) has made an application for approval of an enterprise agreement known as the Downer EDI Rail HCMT Build Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clauses 26.1, 26.2, 27.2, 29.2 and 29.3 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). 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.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as 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 seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Downer EDI Rail Pty Ltd trading as EDI Rail, sought approval for the Downer EDI Rail High-Capacity Metro Train (H CMT) Build Agreement 2021. The application was brought before the Federal Circuit and Family Court of Australia. The respondents, who were trade unions representing employees, opposed the application. The dispute centred on the terms and conditions of employment within the agreement, particularly in relation to pay rates and working conditions.

The court was tasked with determining whether the terms of the agreement were fair and reasonable, taking into account the relevant legislative framework. This involved scrutinising the provisions of the agreement to ensure they complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The court also needed to consider whether the agreement provided for a fair and reasonable resolution of disputes and whether it addressed the needs of both the employer and the employees.

The court found that the agreement was fair and reasonable, as it provided adequate protections for employees and ensured that the terms were in line with the statutory requirements. The agreement contained provisions for dispute resolution and included provisions that addressed the needs of both parties. The court approved the agreement, noting the benefits it provided to both the employer and the employees. The final orders of the court approved the Downer EDI Rail HCMT Build Agreement 2021, subject to the conditions specified in the judgment.

Downer EDI Rail Pty Ltd T/A EDI Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established