Downer EDI Engineering Electrical Pty Ltd Summary

[2023] FWCA 760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd

(AG2023/362)

Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2023

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 9 MARCH 2023

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting clause 2.3(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd applied for approval of the Southern Region Electrical Services Enterprise Agreement 2023. The applicant is a company engaged in the electrical services industry. The dispute arose because the Australian Building and Construction Commission sought to have the agreement approved under section 234 of the Fair Work Act 2009. The Federal Court of Australia was tasked with deciding the application.

The court had to determine whether the agreement met the requirements for approval under the Fair Work Act. Key issues included whether the agreement was appropriately negotiated, if it complied with the provisions of the Act, and if it provided fair and reasonable terms for employees. The applicant argued that the agreement was fairly negotiated and met all legislative requirements. The Commission did not oppose the application, indicating that the agreement was in order.

The court found that the agreement was appropriately negotiated and satisfied the criteria for approval under the Fair Work Act. The agreement was deemed to be fair and reasonable for the employees, and it complied with all relevant provisions of the Act. The court approved the agreement based on these findings. The applicant's application was therefore successful.

The court approved the Southern Region Electrical Services Enterprise Agreement 2023 and ordered its registration with the Fair Work Commission. This decision finalised the application process, ensuring that the agreement would be legally binding for the parties involved.

Downer EDI Engineering Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established