Downer EDI Engineering Electrical Pty Ltd Summary

[2014] FWCA 1616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2014/375)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD SIGNALS EMPLOYEES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 MARCH 2014

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Signals Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd Signals Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd recently sought approval of the Downer EDI Engineering Electrical Pty Ltd Signals Employees Enterprise Agreement 2014 in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the legislative requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement, which was the product of good faith negotiations between the employer and employees, contained all necessary provisions and was consistent with relevant legislative provisions.

The Commission considered the procedural fairness of the negotiations and the substantive fairness of the agreement's provisions. It was necessary to assess whether the agreement had been made in good faith, and whether the provisions were consistent with the relevant national employment standards and safety net awards. The Commission also examined the extent to which the agreement provided for matters beyond the minimum terms and conditions of employment, including pay and conditions, dispute resolution, and other employment-related matters.

Ultimately, the Commission found that the agreement had been made in good faith and contained all necessary provisions. It satisfied the requirements for approval under the Act. The agreement provided for fair and reasonable terms and conditions of employment, and included appropriate dispute resolution mechanisms. The Commission approved the agreement, highlighting the importance of such agreements in promoting harmonious and productive workplace relations.

The Commission's decision serves as a reminder to employers and employees of the importance of negotiating in good faith and reaching agreements that are fair and reasonable. It also highlights the role of the Commission in approving enterprise agreements that meet the legislative requirements. The approval of the Downer EDI Engineering Electrical Pty Ltd Signals Employees Enterprise Agreement 2014 is a positive outcome for both the employer and employees, and sets a precedent for future negotiations and agreements in the industry.

Downer EDI Engineering Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established