DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keolis Downer Hunter Pty Ltd
(AG2020/2514)

KEOLIS DOWNER HUNTER BUS ENGINEERING AND MAINTENANCE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 SEPTEMBER 2020

Application for approval of the Keolis Downer Hunter Bus Engineering and Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Keolis Downer Hunter Bus Engineering and Maintenance Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Keolis Downer Hunter Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 16 September 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Manufacturing Workers’ Union (AMWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Keolis Downer Hunter Pty Ltd applied to the Fair Work Commission for approval of the Keolis Downer Hunter Bus Engineering and Maintenance Enterprise Agreement 2020. The applicant and the unions representing employees disputed certain provisions in the proposed agreement. The Fair Work Commission was required to decide whether the agreement was in the interests of employees and whether it met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable set of terms and conditions for employees, whether the agreement was genuinely negotiated, and whether it complied with the requirements of the Fair Work Act. The Commission also considered whether the agreement provided for adequate protections for employees, including provisions for pay rates, hours of work, leave entitlements, and dispute resolution mechanisms.

After considering the submissions from both parties, the Fair Work Commission found that the agreement was in the interests of employees and met the legal requirements for approval. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for employees and that it had been genuinely negotiated. The Commission also found that the agreement complied with the requirements of the Fair Work Act and provided for adequate protections for employees.

The Fair Work Commission approved the Keolis Downer Hunter Bus Engineering and Maintenance Enterprise Agreement 2020, effective from 1 July 2020. The agreement sets out the terms and conditions of employment for employees covered by the agreement, including pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The approval of the agreement ensures that employees will have a fair and reasonable set of terms and conditions of employment and that the employer and employees can work together in a harmonious and productive manner.

Keolis Downer Hunter Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established