DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keolis Downer Adelaide Pty Limited
(AG2020/3570)

KEOLIS DOWNER ADELAIDE MAINTENANCE EMPLOYEES GREENFIELDS AGREEMENT 2020

Rail industry
COMMISSIONER PLATT	ADELAIDE, 4 DECEMBER 2020

Application for approval of the Keolis Downer Adelaide Maintenance Employees Greenfields Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Keolis Downer Adelaide Maintenance Employees Greenfields Agreement 2020 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by Keolis Downer Adelaide Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

[2] The matter was allocated to my Chambers on 30 November 2020.

[3] On 3 December 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

[5] In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

[6] The Applicant has submitted an undertaking in the required form dated 3 December 2020. The undertaking deals with the following topics:

• The shiftworker definition in clause 23.4.1 of the Agreement provides an additional weeks’ annual leave for the purposes of the National Employment Standards (NES).

• In relation to clause 13.2.2, the Applicant may withhold wages in circumstances where an employee fails to provide the required period of notice.

• Despite 13.3.2 and 13.3.3, employees who abandon their employment will be entitled to the relevant notice of termination in accordance with clause 13.

• Notice for taking personal/carer’s should be provided as soon as reasonably practicable and may be at a time after the commencement of the employee’s shift.

[7] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

[8] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[9] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[10] 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.

[11] I am satisfied that it is in the public interest to approve the Agreement.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Keolis Downer Adelaide Pty Limited applied to the Fair Work Commission for approval of the Keolis Downer Adelaide Maintenance Employees Greenfields Agreement 2020. The application involved employees of the company who were engaged in the maintenance of public transport infrastructure. The dispute centred on the procedural validity of the application and the content of the proposed agreement. The Commission had to determine if the agreement met the necessary criteria for approval and if the application process complied with relevant industrial laws.

The primary legal issues addressed by the Commission involved the procedural correctness of the application process and the substantive fairness of the proposed agreement. The Commission examined whether the application was made in good faith, if the employees were adequately represented, and if the agreement met the requirements of the Fair Work Act 2009. Additionally, the Commission assessed the terms of the proposed agreement to ensure they were not detrimental to the employees and complied with the provisions of the Act.

The Fair Work Commission found that the application process was procedurally sound and that the proposed agreement was fair and reasonable. The Commission noted that the company had demonstrated a genuine attempt to reach an agreement with the employees, and the agreement itself provided reasonable terms and conditions of employment. The Commission concluded that the agreement did not have an adverse effect on the employees and was consistent with the principles of the Act. Consequently, the Commission approved the proposed agreement, and it became a registered instrument under the Act.

The final orders of the Commission were that the Keolis Downer Adelaide Maintenance Employees Greenfields Agreement 2020 be approved and registered, effective from the date of the decision. The Commission's decision confirmed the validity of the agreement and its compliance with the relevant industrial laws, ensuring that the terms of the agreement would govern the employment conditions of the employees involved.

Keolis Downer Adelaide Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established