DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2017/3090)

WAC ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 SEPTEMBER 2017

Application for approval of the WAC Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the WAC 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 27 September 2017 and, in accordance with s.54, will operate from 4 October 2017. The nominal expiry date of the Agreement is 27 September 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 the approval of the WAC Enterprise Agreement 2017. The applicant sought to have the agreement certified as a single-enterprise agreement, encompassing the engineering and electrical sectors. The dispute involved whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement provided for a fair and reasonable rate of pay, contained no provisions that would undermine the safety and health of employees, and whether it was made in good faith. Additionally, the Commission had to consider if the agreement was in the best interests of the employees and if it adhered to the procedural requirements for certification. The applicant argued that the agreement was fair and reasonable, met the requirements for good faith, and was beneficial to the employees.

The Fair Work Commission found that the agreement was made in good faith and was fair and reasonable. The Commission determined that the agreement provided for adequate pay and conditions, did not negatively impact the health and safety of employees, and was in their best interests. The agreement was found to comply with all procedural requirements and was thus approved and certified as a single-enterprise agreement, effective from 1 April 2017. The decision was made to ensure that the employees of Downer EDI Engineering Electrical Pty Ltd were protected and that their rights were upheld under the Fair Work 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