Downer EDI Works Pty Ltd T/A Downer

[2017] FWCA 4688

[2017] FWCA 4688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2017/3200)

DOWNER EDI WORKS PTY LTD HIGH CAPACITY METRO TRAINS (HCMT) CONSTRUCTION PHASE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 SEPTEMBER 2017

Application for approval of the Downer EDI Works Pty Ltd High Capacity Metro Trains (HCMT) Construction Phase Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd High Capacity Metro Trains (HCMT) Construction Phase Enterprise Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Works Pty Ltd T/A Downer. The Agreement is a greenfields agreement.

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

[3] The Applicant has provided written undertakings. This undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Annexure A.

[4] Based on statutory declaration provided by the organisation, I am satisfied that the Australian Rail, Tram and Bus Industry Union, the employee organisation to be covered by the agreement, is 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. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 8 September 2017 and, in accordance with s.54, will operate from 15 September 2017. The nominal expiry date of the Agreement is 2 March 2019.

DEPUTY PRESIDENT

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ANNEXURE A