Downer EDI Rail Pty Ltd T/A EDI Rail

[2021] FWCA 432

[2021] FWCA 432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Rail Pty Ltd T/A EDI Rail
(AG2020/3913)

DOWNER EDI RAIL NEWPORT FACILITY ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 JANUARY 2021

Application for approval of the Downer EDI Rail Newport Facility Enterprise Agreement 2020.

[1] Downer EDI Rail Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Downer EDI Rail Newport Facility Enterprise Agreement 2020 (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 a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] “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 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 declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 January 2021 and, in accordance with s 54, will operate from 5 February 2021. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A