Keolis Downer Hunter Pty Ltd Trading as Keolis Downer Hunter Summary

[2025] FWCA 1429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Keolis Downer Hunter Pty Ltd Trading as Keolis Downer Hunter

(AG2025/721)

KEOLIS DOWNER NEWCASTLE FERRY MASTERS ENTERPRISE AGREEMENT 2024

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 1 MAY 2025

Application for approval of the Keolis Downer Newcastle Ferry Masters Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Keolis Downer Newcastle Ferry Masters Enterprise 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 Hunter Pty Ltd Trading as Keolis Downer Hunter. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

The Australian Maritime Officers' 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Keolis Downer Hunter Pty Ltd, trading as Keolis Downer Hunter, made an application to the Fair Work Commission for approval of the Keolis Downer Newcastle Ferry Masters Enterprise Agreement 2024. The application was made under section 234 of the Fair Work Act 2009, which mandates that the agreement be free from provisions that could potentially prejudice the achievement of the object of the Act. The Commission was required to determine whether the agreement met the statutory criteria and whether it contained any provisions that could prejudice the Act's objects.

The legal issues before the Commission involved examining the provisions of the agreement to ascertain whether they complied with the requirements of the Fair Work Act. Specifically, the Commission needed to verify that the agreement was free from any clauses that could undermine the objectives of the Act, such as those that might adversely affect the rights of employees or impede the resolution of workplace disputes. The Commission also had to ensure that the agreement provided for a fair and equitable resolution of employment matters.

The Fair Work Commission found that the agreement did not contain any provisions that would prejudice the achievement of the Act's objects. The Commission concluded that the agreement was fair and appropriate, and it approved the agreement under section 234 of the Fair Work Act 2009. The decision was made on the basis that the agreement adhered to the statutory requirements and did not include any prejudicial provisions. The Commission's approval ensures that the agreement can now be implemented, providing a framework for the employment relationship between Keolis Downer Hunter and its employees.

The final orders included the approval of the Keolis Downer Newcastle Ferry Masters Enterprise Agreement 2024, effective from the date of the decision. The agreement is now authorised for use in the workplace, subject to the terms and conditions outlined within it.

Keolis Downer Hunter Pty Ltd Trading as Keolis Downer Hunter

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established