EDI Rail PPP Maintenance Pty Ltd Summary

[2013] FWCA 6476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

EDI Rail PPP Maintenance Pty Ltd
(AG2013/7951)

DOWNER RAIL PPP AUBURN MAINTENANCE ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the DOWNER Rail PPP Auburn Maintenance Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the DOWNER Rail PPP Auburn Maintenance Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Rail, Tram and Bus Union NSW Branch, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 10 September 2013. The nominal expiry date of the Agreement is3 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of EDI Rail PPP Maintenance Pty Ltd, the matter before the Fair Work Commission was an application for the approval of the DOWNER Rail PPP Auburn Maintenance Enterprise Agreement 2013-2016. The parties involved in the dispute were EDI Rail PPP Maintenance Pty Ltd, the employer, and the Rail, Tram and Bus Industry Union, acting on behalf of the employees. The central issue before the court was whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009 to be approved, particularly focusing on whether it provided for the fair and equitable treatment of employees and did not disadvantage any employee in comparison to direct employees of the employer.

The Fair Work Commission assessed the agreement under various provisions of the Fair Work Act 2009, focusing on whether the agreement provided minimum terms and conditions of employment that were no less favourable than the applicable award or registered agreement. The court examined the provisions of the agreement to determine if they included terms regarding pay rates, hours of work, leave entitlements, and other conditions of employment that were fair and equitable. Additionally, the court considered whether the agreement adequately protected employees from potential disadvantages that might arise due to the indirect employment arrangement.

After thorough examination, the Fair Work Commission found that the DOWNER Rail PPP Auburn Maintenance Enterprise Agreement 2013-2016 met the necessary requirements under the Fair Work Act 2009. The agreement was deemed to provide for the fair and equitable treatment of employees and did not disadvantage any employee in comparison to direct employees of the employer. Consequently, the court approved the agreement, ensuring that it would serve as a binding contract between the employer and the employees for the specified period.

EDI Rail PPP Maintenance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established