DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2017/6390)

DOWNER ADELAIDE METROPOLITAN (ELECTRICAL) AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 MAY 2018

Application for approval of the Downer Adelaide Metropolitan (Electrical) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer Adelaide Metropolitan (Electrical) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Electrical Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 May 2018 and, in accordance with s.54, will operate from 14 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Downer EDI Engineering Electrical Pty Ltd, the Federal Court was presented with an application for the approval of the Downer Adelaide Metropolitan (Electrical) Agreement 2017. The applicant, Downer EDI Engineering Electrical Pty Ltd, sought the court's approval of the proposed agreement which was intended to provide for the terms and conditions of employment for electrical workers within the Adelaide metropolitan area. The application arose under the Fair Work Act 2009, which mandates that certain agreements must receive court approval before they can have legal effect.

The primary legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the court had to determine if the agreement was a "single interest employer agreement" and if it had been made in good faith and without coercion. The applicant argued that the agreement met all the necessary criteria, while the objectors raised concerns about the process through which the agreement was formed and the potential impact on employees' rights.

The court thoroughly examined the provisions of the agreement and the processes involved in its creation. It found that the agreement was indeed a single interest employer agreement and that it had been made in good faith. The court was satisfied that the process followed was fair and that there was no evidence of coercion. Consequently, the court approved the Downer Adelaide Metropolitan (Electrical) Agreement 2017, recognising its compliance with the statutory requirements.

The court's final order was the approval of the agreement as presented, with the agreement now having the force of an approved agreement under the Fair Work Act. This decision ensures that the terms and conditions outlined in the agreement can now legally apply to the relevant employees, subject to the protections and requirements of the Act.

Downer EDI Engineering Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established