DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2017/6401)

OPERATIONS, MAINTENANCE & SERVICES WA ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 2 MARCH 2018

Application for approval of the Operations, Maintenance & Services WA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Operations, Maintenance & Services WA Enterprise 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] The Applicant 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 2 March 2018 and, in accordance with s.54, will operate from 9 March 2018. The nominal expiry date of the Agreement is 2 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd sought approval for the Operations, Maintenance & Services WA Enterprise Agreement 2017. The applicant aimed to have the agreement ratified by the Fair Work Commission, ensuring compliance with the Fair Work Act 2009. The legal issues at hand primarily revolved around whether the agreement met the criteria for "better off overall" and "no detriment" as outlined in the Fair Work Act. The court had to evaluate if the proposed agreement provided improved conditions for the employees compared to their previous arrangements and whether it would adversely affect any employees.

The Fair Work Commission examined the details of the proposed agreement, assessing the changes in terms and conditions, remuneration, and other benefits. The Commission focused on ensuring that the agreement would provide a net benefit to the majority of the employees, as well as confirming that no employee would be worse off as a result of the new agreement. The Commission took into account various factors, including the impact on employment conditions, the bargaining power of the parties, and the overall fairness of the agreement. The court found that the agreement was beneficial to the majority of the employees and did not cause any detriment to them.

Consequently, the Fair Work Commission approved the Operations, Maintenance & Services WA Enterprise Agreement 2017, deeming it to meet the statutory requirements under the Fair Work Act. The decision was based on the comprehensive analysis of the proposed changes and their implications for the employees. The court's approval signifies that the agreement is now legally binding and enforceable, providing a framework for the employment terms and conditions in the specified region.

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