DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EDI Rail PPP Maintenance Pty Ltd
(AG2016/3288)

DOWNER RAIL PPP AUBURN MAINTENANCE ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Downer Rail PPP Auburn Maintenance Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rail PPP Auburn Maintenance Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EDI Rail PPP Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “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 Rail, Tram and Bus Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016 The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved EDI Rail PPP Maintenance Pty Ltd, which sought approval for the Downer Rail PPP Auburn Maintenance Enterprise Agreement 2016-2019. The applicant argued that the agreement was fair and reasonable for the purposes of the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, which outlined various employment conditions for the employees covered by the agreement.

The primary legal issue before the Commission was whether the terms and conditions of the proposed agreement were fair and reasonable, as required by section 234 of the Fair Work Act 2009. This involved assessing the agreement against various statutory criteria, including whether it provided for fair and reasonable rates of pay and conditions, and whether it facilitated a productive workplace relationship. The Commission also needed to consider whether the agreement complied with the Good Faith Bargaining provisions of the Act.

In determining the fairness and reasonableness of the agreement, the Commission took into account the evidence presented by both parties and the relevant statutory criteria. The Commission found that the proposed agreement met the requirements of the Act, as it provided for fair and reasonable terms and conditions, including rates of pay, leave provisions, and other employment conditions. The Commission also noted that the agreement facilitated a productive workplace relationship and complied with the Good Faith Bargaining provisions. Based on this assessment, the Commission approved the Downer Rail PPP Auburn Maintenance Enterprise Agreement 2016-2019.

The Fair Work Commission approved the Downer Rail PPP Auburn Maintenance Enterprise Agreement 2016-2019, finding it to be fair and reasonable for the purposes of the Fair Work Act 2009. The approval was based on the agreement's compliance with statutory criteria and its facilitation of a productive workplace relationship.

EDI Rail PPP Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established