Keolis Downer Northern Beaches Pty Ltd

Case

[2023] FWCA 243

24 JANUARY 2023


[2023] FWCA 243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Keolis Downer Northern Beaches Pty Ltd

(AG2022/5459)

KDNB ENGINEERING AND MAINTENANCE ENTERPRISE AGREEMENT 2022

Passenger vehicle transport (non rail) industry

DEPUTY PRESIDENT BOYCE

SYDNEY, 24 JANUARY 2023

Application for approval of the KDNB Engineering and Maintenance Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement to be known as the KDNB Engineering and Maintenance Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Keolis Downer Northern Beaches Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisations

  1. The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

Australian Rail, Tram, and Bus Industry Union (RTBU);

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

  1. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

  1. 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.

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

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518983  PR749924>

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