Application by Downer Edi Rail Pty Ltd Trading AS Edi Rail
Citation: [2026] FWCA 1811
What happened
Downer Edi Rail Pty Ltd, trading as Edi Rail, sought approval for the Downer Rail Cardiff Facility Enterprise Agreement 2026. The agreement covers employees currently under the Manufacturing and Associated Industries and Occupations Award 2020. The Australian Manufacturing Workers’ Union (AMWU) is a bargaining representative and wants the agreement to cover them. Clause 33 provides compassionate leave for miscarriage, which may be inconsistent with the National Employment Standards.
What was decided
The Fair Work Commission approved the Downer Rail Cardiff Facility Enterprise Agreement 2026. The agreement will operate from July 22, 2026, and expire on October 12, 2029. The Deputy President noted a potential inconsistency between clause 33 regarding compassionate leave and the National Employment Standards, but stated this would be read in conjunction with the NES. The AMWU is covered by the agreement.
What it means for employers
Employers should ensure enterprise agreements are consistent with the National Employment Standards or clearly state how any inconsistencies will be managed. Careful drafting of clauses relating to leave entitlements is essential.
What it means for employees
Employees should review new enterprise agreements carefully, particularly provisions related to leave and understand how they interact with the National Employment Standards. The AMWU members are covered by this agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections