Downer EDI Engineering Electrical Pty Ltd

[2022] FWCA 1503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Downer EDI Engineering Electrical Pty Ltd

(AG2022/943)

Downer EDI Engineering Electrical Pty Ltd Industrial Services Agreement 2022

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 4 MAY 2022

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Industrial Services Agreement 2022

An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd Industrial Services Agreement 2022 (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 Agreement is a single enterprise agreement.

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

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2022. The nominal expiry date of the Agreement is 3 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd sought approval of the Downer EDI Engineering Electrical Pty Ltd Industrial Services Agreement 2022 from the Fair Work Commission. The application for approval was made under section 234 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement if certain conditions are met. The nature of the dispute involved the terms and conditions of employment for the employees covered by the agreement, and whether these terms met the requirements of the Act.

The primary legal issues before the Commission were whether the agreement provided for a safety net of minimum wages and conditions, and whether it contained certain mandatory provisions as required by the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it met the requirements for simplification and clarity. The Commission also needed to determine whether the agreement had been appropriately negotiated and whether the parties had complied with the relevant procedural requirements.

In reaching its decision, the Commission examined the contents of the agreement and the process by which it was negotiated and agreed upon. The Commission found that the agreement provided for a safety net of minimum wages and conditions, and contained the necessary mandatory provisions. It also found that the agreement was made in good faith, and that it met the requirements for simplification and clarity. The Commission further determined that the agreement had been appropriately negotiated and that the parties had complied with the relevant procedural requirements. As a result, the Commission approved the Downer EDI Engineering Electrical Pty Ltd Industrial Services Agreement 2022.

The Fair Work Commission approved the Downer EDI Engineering Electrical Pty Ltd Industrial Services Agreement 2022, finding that it met all the necessary legal requirements. The Commission determined that the agreement provided for a safety net of minimum wages and conditions, contained the necessary mandatory provisions, and was made in good faith. The agreement was also found to meet the requirements for simplification and clarity, and the Commission was satisfied that it had been appropriately negotiated and that the parties had complied with the relevant procedural requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established