Keolis Downer Adelaide Pty Ltd
[2025] FWCA 2548
•5 AUGUST 2025
| [2025] FWCA 2548 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Keolis Downer Adelaide Pty Ltd
(AG2025/1819)
KEOLIS DOWNER ADELAIDE ROLLINGSTOCK AGREEMENT 2024
| Rail industry | |
| COMMISSIONER THORNTON | ADELAIDE, 5 AUGUST 2025 |
Application for approval of the Keolis Downer Adelaide Rollingstock Agreement 2024
An application has been made for approval of an enterprise agreement known as the Keolis Downer Adelaide Rollingstock Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keolis Downer Adelaide Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The copy of the Agreement filed with the application for approval contained a numbering error. An amended copy of the Agreement was filed. I consider it appropriate in the circumstances to allow an amendment to address the numbering error pursuant to s.586(a) of the Act.
The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I observe that clause 38.7, addressing transfer to lower paid duties in the event of redundancy, may not meet the requirements of the National Employment Standards (NES). Noting clause 3 of the Agreement that gives precedence to the requirements of the NES, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
For clarity, the Workplace Delegates’ Rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations respectively giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 12 August 2025. The nominal expiry date of the Agreement is 5 August 2028.
COMMISSIONER
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