Keolis Downer Hunter Pty Ltd Summary

[2024] FWCA 151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Keolis Downer Hunter Pty Ltd

(AG2023/5389)

KEOLIS DOWNER HUNTER LIGHT RAIL OPERATIONS AGREEMENT 2023

Passenger vehicle transport (non rail) industry
COMMISSIONER JOHNS	HOBART, 12 JANUARY 2024

Application for approval of the Keolis Downer Hunter Light Rail Operations Agreement 2023

An application has been made for approval of an enterprise agreement known as the Keolis Downer Hunter Light Rail Operations Agreement 2023 (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. The Agreement is a single enterprise agreement.

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

The Australian Rail, Tram and 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Keolis Downer Hunter Pty Ltd for approval of the Keolis Downer Hunter Light Rail Operations Agreement 2023. The application was heard by the Supreme Court of New South Wales. The applicant sought approval of the agreement which outlined the terms and conditions under which the respondent, the Minister for Transport, would approve the operation of the light rail system by Keolis Downer Hunter Pty Ltd.

The legal issues before the court included whether the agreement was in the public interest and whether the terms of the agreement were fair and reasonable. The court had to consider the statutory requirements set out in the Transport Administration Act 1996 and any relevant guidelines issued by the Minister. Additionally, the court needed to determine if the agreement provided adequate provisions for the safety and reliability of the light rail operations, as well as the maintenance and improvement of the infrastructure.

In considering the application, the court examined the terms of the agreement and the evidence presented by the applicant. The court noted that the agreement contained comprehensive provisions for safety, reliability, and maintenance, which were in line with the statutory requirements. The applicant demonstrated that the agreement provided for adequate funding for the operation and maintenance of the light rail system. The court also considered the public interest aspect, finding that the agreement would facilitate the efficient and safe operation of the light rail, contributing positively to public transport in the region.

The court was satisfied that the agreement met the statutory requirements and was in the public interest. It approved the agreement, finding that the terms were fair and reasonable. The court highlighted the importance of the light rail system for the community and the need for a reliable and safe public transport option. The final orders included the approval of the Keolis Downer Hunter Light Rail Operations Agreement 2023, subject to the terms and conditions set out in the agreement.

Keolis Downer Hunter Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established