Downer Edi Rail Pty Ltd T/A Edi Rail Summary

[2024] FWCA 4102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Edi Rail Pty Ltd T/A Edi Rail

(AG2024/4214)

DOWNER RAIL TORBANLEA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 25 NOVEMBER 2024

Application for approval of the Downer Rail Torbanlea Enterprise Agreement 2024

Downer Edi Rail Pty Ltd T/A Edi Rail (the Employer) has applied for approval of an enterprise agreement known as the Downer Rail Torbanlea Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application is a greenfields agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The Agreement was made on 25 October 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

This is a greenfields agreement that meets the requirement of s.172(2)(b) of the Act. 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 (CEPU) each submitted a Form F21 indicating that they wish to be covered by the Agreement.

In accordance with s.187(5)(a), I am satisfied that the AMWU and the CEPU, taken as a group, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the AMWU and the CEPU, and the Agreement covers those organisations.

I note that clause 29(e) may be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Downer Edi Rail Pty Ltd T/A Edi Rail, the Fair Work Commission was presented with an application for the approval of the Downer Rail Torbanlea Enterprise Agreement 2024. The applicant sought to have this enterprise agreement registered as a modern award under the Fair Work Act 2009. The dispute involved the terms of employment, including wages, hours of work, and other conditions applicable to the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act, including whether it met the provisions for a modern award and whether it provided for a fair and efficient resolution of workplace issues. Specifically, the Commission needed to determine if the agreement adequately balanced the interests of both the employer and the employees and if it provided for procedural fairness and effective dispute resolution mechanisms.

The Fair Work Commission determined that the proposed enterprise agreement met the necessary legislative requirements and provided for a fair and efficient resolution of workplace issues. The Commission found that the agreement contained provisions that adequately protected the interests of both parties, including those relating to wages, hours of work, and other employment conditions. Additionally, the agreement included provisions for procedural fairness and effective dispute resolution mechanisms, which the Commission considered to be in line with the principles of the Fair Work Act.

As a result, the Fair Work Commission approved the Downer Rail Torbanlea Enterprise Agreement 2024 and registered it as a modern award. The decision was made on the basis that the agreement met the requirements of the Fair Work Act and provided for a balanced and fair resolution of workplace issues. This registration ensures that the terms and conditions set out in the agreement will apply to the employees covered by it, providing them with legal certainty and protection in their employment.

Downer Edi Rail Pty Ltd T/A Edi Rail

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established