DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2017/5529)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD SIGNALS EMPLOYEES ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Signals Employees Enterprise Agreement 2017.

[1] On 15 November 2017 Downer EDI Engineering Electrical Pty Ltd (Applicant) made an application for approval of the Downer EDI Engineering Electrical Pty Ltd Signals Employees Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[2] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd, an engineering company, applied to the Fair Work Commission for approval of the Signals Employees Enterprise Agreement 2017. The dispute involved the classification of employees, their entitlements, and the process for approving the agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement complied with the relevant legislative requirements, including the public interest test, and whether it was made in good faith.

The legal issues before the Commission included whether the agreement correctly classified employees, whether the provisions of the agreement met the good faith requirement, and if the agreement passed the public interest test. The Commission had to examine the process by which the agreement was made, the extent of employee and employer consultation, and the fairness of the terms and conditions set out in the agreement.

The Fair Work Commission found that the agreement was made in good faith, with sufficient consultation between the parties. The Commission was satisfied that the agreement met the public interest test and complied with the requirements of the Fair Work Act. The classification of employees and their entitlements were deemed fair and reasonable. The Commission approved the Signals Employees Enterprise Agreement 2017, recognising its compliance with the legislative framework and the interests of both employees and the employer.

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