Keolis Downer Adelaide Pty Ltd Summary

[2024] FWCA 3252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Keolis Downer Adelaide Pty Ltd

(AG2024/3197)

RAIL OPERATIONS ENTERPRISE AGREEMENT 2024

Rail industry
COMMISSIONER PLATT	ADELAIDE, 17 SEPTEMBER 2024

Application for approval of the Rail Operations Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Rail Operations Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Keolis Downer Adelaide Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 September 2024.

There is one National Employment Standard (NES) issue that requires comment:

· Schedule 4.8 states that where the remaining licence period of an Employee’s Class C Drivers Licence is greater than a year and the employment concludes prior to the licence expiring, the Applicant may deduct and retain from all final monies owing to the Employee and reimbursed monies for the proportionate remaining period of the licence. This may operate to restrict an employee’s entitlement to payment of NES entitlements upon termination of employment.

Clause 6.4 of the Agreement acts as an effective NES precedence clause. As a result, the above clause will not apply to the extent it is inconsistent with the NES.

The Australian Rail Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Keolis Downer Adelaide Pty Ltd sought approval for the Rail Operations Enterprise Agreement 2024. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the statutory requirements for approval and whether it adequately represented the interests of the employees.

The legal issues the court needed to address included whether the agreement was a genuine enterprise agreement as defined by the Fair Work Act. Specifically, the court had to determine if the agreement was made by the employer and the employees in good faith, if it covered the correct bargaining unit, and if it complied with the various mandatory terms set out in the Act. Additionally, the court examined whether the agreement had been properly balloted and if the majority of employees had voted in favour of it.

The Fair Work Commission found that the application met all statutory requirements for approval. The agreement was deemed to be a genuine enterprise agreement, having been made in good faith and covering the appropriate bargaining unit. The court was satisfied that the agreement contained all the mandatory terms as prescribed by the Fair Work Act and had been properly balloted with a majority in favour. Consequently, the Commission approved the agreement, which would now be binding on the parties involved.

The final orders of the Commission were that the Rail Operations Enterprise Agreement 2024 be approved and registered as a valid enterprise agreement under the Fair Work Act 2009. The agreement would come into effect on the date specified and would govern the terms and conditions of employment for the relevant employees.

Keolis Downer Adelaide Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established