DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2017/2740)

DOWNER ENGINEERING PTY LTD SUSTAINING PROJECT & SERVICES WORKS QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 24 JULY 2017

Application for variation of the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for variation of the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2015-2018 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Electrical Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Christopher Owen Conlan, Industrial Relations Manager - East of the Employer.

[3] The variation can be found at Annexure A decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 24 July 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

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 a variation of the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2015-2018. The application was brought by Downer EDI, seeking amendments to the terms and conditions of employment for certain employees under the agreement. The primary dispute centred around the need to adjust certain provisions to address operational efficiencies and to align the agreement with changes in business practices.

The legal issues before the Commission involved determining whether the proposed changes to the enterprise agreement were necessary and justifiable under the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to assess if the changes were in the interests of promoting harmonious, productive, and cooperative workplace relations, and if they adhered to the principles of good faith bargaining. Furthermore, the Commission needed to consider whether the changes were fair and reasonable, taking into account the impact on both employees and the employer.

The Fair Work Commission evaluated the application and found that the proposed changes were necessary to enhance operational efficiency and to address current business needs. The Commission concluded that the changes were fair and reasonable, considering the evidence presented by Downer EDI regarding the operational challenges and the benefits of the proposed changes. The Commission was satisfied that the applicant had engaged in good faith bargaining and that the changes were in the interest of promoting harmonious, productive, and cooperative workplace relations. Consequently, the application for variation was approved, allowing the amended terms to be implemented.

The final orders included the variation of specific provisions of the enterprise agreement as proposed by Downer EDI. The amended agreement was to be in effect from the date of the Commission's decision and would apply to the relevant employees. The decision underscored the importance of flexibility in enterprise agreements to adapt to changing business environments while maintaining fair and reasonable terms for all parties involved.

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