Downer EDI Works Pty Ltd

[2021] FWCA 6930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2021/8349)

DOWNER EDI WORKS PTY LTD VICTORIAN RAIL ENTERPRISE AGREEMENT 2021 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 DECEMBER 2021

Application for approval of the Downer EDI Works Pty Ltd Victorian Rail Enterprise Agreement 2021 - 2024

[1] Downer EDI Works Pty Ltd has made an application for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Victorian Rail Enterprise Agreement 2021 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

[3] The Australian Rail, Tram and Bus Industry Union (RTBU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the RTBU.

[4] The Agreement was approved on 1 December 2021 and, in accordance with s 54, will operate from 8 December 2021. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd applied to the Fair Work Commission for approval of the Downer EDI Works Pty Ltd Victorian Rail Enterprise Agreement 2021 - 2024. The applicant sought approval of the agreement under section 236 of the Fair Work Act 2009. The applicant argued that the agreement was made in good faith, and it complied with the requirements of the Act. The applicant submitted that the agreement contained provisions that were fair and reasonable for the purposes of the Act. The respondent argued that the agreement did not meet the requirements of the Act, and should not be approved. The respondent submitted that the agreement did not contain adequate provisions for the protection of workers' rights, and that it did not comply with the requirements of the Act.

The Fair Work Commission was required to determine whether the agreement met the requirements of the Act, and whether it should be approved. The Commission considered the provisions of the agreement, and the submissions of the parties. The Commission found that the agreement contained provisions that were fair and reasonable for the purposes of the Act. The Commission found that the agreement complied with the requirements of the Act, and that it should be approved. The Commission noted that the agreement contained provisions for the protection of workers' rights, and that it was made in good faith. The Commission was satisfied that the agreement met the requirements of the Act, and that it should be approved.

The Fair Work Commission approved the Downer EDI Works Pty Ltd Victorian Rail Enterprise Agreement 2021 - 2024. The Commission found that the agreement met the requirements of the Fair Work Act 2009, and that it should be approved. The Commission noted that the agreement contained provisions for the protection of workers' rights, and that it was made in good faith. The Commission was satisfied that the agreement was fair and reasonable for the purposes of the Act, and that it complied with the requirements of the Act. The Commission approved the agreement, and it will now be binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established