DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2017/5093)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Downer Edi Engineering Electrical Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Downer Edi Engineering Electrical Pty Ltd and ETU Enterprise Agreement 2017 - 2021 (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 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 December 2017 and, in accordance with s.54, will operate from 12 December 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The Enterprise and Trade Union (ETU) Enterprise Agreement 2017 - 2021 was at issue. The Australian Manufacturing Workers' Union (AMWU) opposed the approval, citing various concerns about the terms of the agreement.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the AMWU argued that the agreement did not provide fair and reasonable terms and conditions, and that certain provisions contravened the "better off overall test" and the "no disadvantage test." The Commission had to determine if the agreement was in the best interests of the employees and did not cause any undue disadvantage to them.

In its decision, the Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the proposed agreement did indeed meet the criteria for approval. It was determined that the agreement provided fair and reasonable terms and conditions, and that the better off overall and no disadvantage tests were satisfied. The Commission approved the agreement, finding that it was in the best interests of the employees and did not cause any undue disadvantage to them.

The Fair Work Commission approved the Enterprise and Trade Union (ETU) Enterprise Agreement 2017 - 2021, finding it met the necessary criteria under the Fair Work Act 2009. The agreement was deemed to provide fair and reasonable terms and conditions, and satisfied the better off overall and no disadvantage tests. The application for approval was thus granted.

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