Downer Edi Engineering Electrical Pty Ltd

[2022] FWCA 1518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Edi Engineering Electrical Pty Ltd

(AG2022/1252)

Downer and ETU (Victoria) Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MAY 2022

Application for approval of the Downer and ETU (Victoria) Enterprise Agreement 2021 – 2025

Downer Edi Engineering Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the Downer and ETU (Victoria) Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 5 May 2022 and, in accordance with s 54, will operate from 12 May 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Downer Edi Engineering Electrical Pty Ltd and the Electrical Trade Union of Victoria, seeking approval of the Downer and ETU (Victoria) Enterprise Agreement 2021 – 2025. The agreement was entered into by the parties in accordance with the Fair Work Act 2009. The application was contested by the Electrical Trade Union of Australia, which objected to the proposed agreement on various grounds, including its failure to provide adequate protections and benefits for the employees covered by the agreement.

The central legal issues before the commission were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act, including whether the agreement had been made in good faith and whether it contained terms and conditions that were fair and reasonable. The commission had to consider the evidence and submissions from both parties, as well as relevant legal authorities, in determining whether the proposed agreement met the necessary standards.

The commission found that the agreement had been made in good faith and contained terms and conditions that were fair and reasonable. It noted that the agreement provided for a comprehensive set of rights and obligations for the employees covered by the agreement, including provisions for wages, hours of work, leave, and dispute resolution. The commission also found that the agreement contained adequate protections for employees, including provisions for redundancy and termination of employment. The commission concluded that the agreement met the necessary standards and approved it accordingly.

The Fair Work Commission approved the Downer and ETU (Victoria) Enterprise Agreement 2021 – 2025, subject to certain modifications to address the concerns raised by the objecting party. The modifications included changes to the agreement's provisions on shift differentials, overtime, and annual leave loading. The commission noted that the modifications were minor and did not significantly alter the overall terms and conditions of the agreement. The commission also noted that the modifications addressed the objecting party's concerns and ensured that the agreement met the necessary standards under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established