Downer EDI Engineering Electrical Pty Ltd

[2014] FWCA 462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2014/14)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD (TASMANIA) GREENFIELD AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2014

Application for approval of the Downer EDI Engineering Electrical Pty Ltd (Tasmania) Greenfield Agreement 2013.

[1] An application has been made for approval of a single-enterprise greenfields agreement known as the Downer EDI Engineering Electrical Pty Ltd (Tasmania) Greenfield Agreement 2013 (the Agreement). The application was made by Downer EDI Engineering Electrical Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. In accordance with section 187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2014. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd applied to the Fair Work Commission for approval of the Downer EDI Engineering Electrical Pty Ltd (Tasmania) Greenfield Agreement 2013. The applicant sought to have the agreement approved under the Fair Work Act 2009, which mandates that certain agreements be registered to be legally binding. The dispute primarily centred on whether the agreement met the legislative requirements for registration and if it was fair and appropriate for the employees involved.

The court was tasked with determining whether the agreement fulfilled the criteria set out in the Fair Work Act. This involved assessing if the agreement was made in good faith, was free from coercion, and provided fair terms and conditions of employment. Additionally, the court had to ensure that the agreement adhered to the process outlined for its approval, including whether it was made with adequate consultation and negotiation between the parties.

After considering the submissions and evidence presented, the Fair Work Commission found that the agreement was made in good faith, without coercion, and provided fair terms and conditions for the employees. The agreement also complied with the statutory requirements for its registration. Consequently, the Commission approved the Downer EDI Engineering Electrical Pty Ltd (Tasmania) Greenfield Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established