Keolis Downer Adelaide Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Keolis Downer Adelaide Pty Ltd, the operator of the Adelaide Metro light rail system, sought approval for a new enterprise agreement from the Fair Work Commission. The application was made under section 176 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement even if it does not meet certain statutory requirements, provided the agreement is in the best interests of the employees. The dispute centred on whether the proposed agreement met the criteria for approval under section 176 of the Act.

The central legal issue before the Commission was whether the proposed Keolis Downer Adelaide Rollingstock Agreement 2024 was in the best interests of the employees, considering the statutory requirements outlined in section 176(2) of the Fair Work Act 2009. The Commission had to consider whether the agreement, while not fully complying with the Act, provided sufficient benefits to the employees to justify its approval. This involved assessing the terms of the agreement, the context in which it was made, and the interests of the employees as a whole.

The Fair Work Commission found that, although the agreement did not fully comply with certain sections of the Fair Work Act 2009, it was in the best interests of the employees. The Commission considered the overall benefits of the agreement, including the terms relating to wages, hours of work, and other conditions of employment. The Commission concluded that the benefits provided by the agreement outweighed any deficiencies in compliance with the Act, and therefore approved the agreement under section 176 of the Fair Work Act 2009.

The Fair Work Commission approved the Keolis Downer Adelaide Rollingstock Agreement 2024, recognising its benefits to the employees despite its non-compliance with certain statutory requirements. The approval was based on the overall assessment of the agreement's terms and the context in which it was made, with a focus on the interests of the employees. This decision ensures that the employees of Keolis Downer Adelaide Pty Ltd will benefit from the provisions of the agreement, providing them with improved working conditions and terms.

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