DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keolis Downer Hunter Pty Ltd T/A Keolis Downer Hunter
(AG2018/2583)

KEOLIS DOWNER HUNTER MULTIMODAL OPERATIONS CONTROL AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Keolis Downer Hunter Multimodal Operations Control Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Keolis Downer Hunter Multimodal Operations Control Agreement 2018 (the Agreement). The application was made by Keolis Downer Hunter Pty Ltd T/A Keolis Downer Hunter pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Rail Tram and Bus Industry Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Rail Tram and Bus Industry Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 21 September 2022

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Keolis Downer Hunter Pty Ltd, trading as Keolis Downer Hunter, which sought approval for the Keolis Downer Hunter Multimodal Operations Control Agreement 2018 from the Federal Circuit and Family Court of Australia. The agreement, which is a collective instrument under the Fair Work Act 2009, was aimed at regulating the terms and conditions of employment for certain workers within the company's multimodal operations. The application was brought before the court to ensure that the agreement met the legal requirements for approval, particularly in relation to the provisions concerning penalty rates and shift loadings.

The court had to determine whether the agreement was a genuine enterprise agreement, as required by the Fair Work Act. Key issues included whether the agreement was made in good faith and whether it appropriately represented the interests of the employees. The court also had to assess whether the agreement complied with the provisions of the Act concerning penalty rates and shift loadings, which are critical elements in the industrial relations landscape of the multimodal transport sector. Additionally, the court needed to consider whether the agreement provided for appropriate mechanisms to facilitate its implementation and enforcement.

In rendering its decision, the court examined the evidence and submissions provided by both the applicant and the objectors to the agreement. The court found that the agreement was indeed a genuine enterprise agreement, made in good faith and representing the interests of the employees effectively. The court also determined that the provisions regarding penalty rates and shift loadings were in compliance with the Fair Work Act. The mechanisms provided for in the agreement were deemed adequate for its implementation and enforcement. Based on this analysis, the court approved the Keolis Downer Hunter Multimodal Operations Control Agreement 2018.

As a result of the court's decision, the agreement was approved and is now legally binding on the parties involved. This approval ensures that the terms and conditions of employment for the relevant workers are regulated by the provisions of the agreement, subject to the oversight and enforcement mechanisms established within the Fair Work Act.

Keolis Downer Hunter Pty Ltd T/A Keolis Downer Hunter

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established