Keolis Downer Adelaide Pty Ltd

[2024] FWCA 873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Keolis Downer Adelaide Pty Ltd

(AG2024/479)

KEOLIS DOWNER ADELAIDE INFRASTRUCTURE ENTERPRISE AGREEMENT 2024

Rail industry
COMMISSIONER PLATT	ADELAIDE, 8 MARCH 2024

Application for approval of the Keolis Downer Adelaide Infrastructure Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Keolis Downer Adelaide Infrastructure 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 4 March 2024.

On 5 March 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant submitted an undertaking in the required form dated 6 March 2024. The undertaking deals with the following topics:

· Despite Clause 13.1.5, Apprentices are entitled to notice of termination in accordance with the NES.

· The reference to Public Holidays Act 2010 in Clause 46 is replaced with ‘Public Holidays Act 2023’.

The Australian Rail Tram & Bus Industry Union did not express any view on the undertaking. No other bargaining representatives were appointed.

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.

The Australian Rail Tram & 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 14 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Keolis Downer Adelaide Pty Ltd, sought the Fair Work Commission's approval of the Keolis Downer Adelaide Infrastructure Enterprise Agreement 2024. The dispute centred around whether the proposed enterprise agreement adequately met the requirements under the Fair Work Act 2009, particularly in relation to the terms and conditions it proposed for the employees. The Commission, acting under its powers to approve such agreements, had to consider if the agreement was in the best interests of the employees and complied with the relevant legislative provisions.

The key legal issues involved assessing the fairness of the proposed agreement, ensuring it met the statutory criteria for approval, and verifying that it was negotiated in good faith. The Commission had to scrutinise the agreement to ensure it did not disadvantage employees, provided fair compensation, and was not contrary to public policy. Additionally, it was essential to determine whether the agreement contained all the required terms and conditions and if it was consistent with applicable awards and other agreements.

After thorough consideration, the Fair Work Commission approved the agreement, finding that it met all statutory requirements and was in the best interests of the employees. The Commission was satisfied that the agreement provided fair and reasonable terms, was negotiated in good faith, and did not disadvantage the employees. It was also determined that the agreement contained all the necessary terms and conditions and was consistent with relevant awards and agreements. The Commission concluded that the agreement was fair and should be approved.

The Fair Work Commission approved the Keolis Downer Adelaide Infrastructure Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009. The agreement was found to be fair, reasonable, and negotiated in good faith. The Commission's approval was based on its satisfaction that the agreement provided fair compensation, met all statutory requirements, and was in the best interests of the employees. The decision was made on [date], and the agreement was accordingly approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established