DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2019/3241)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD QUEENSLAND WORKSHOPS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 20 SEPTEMBER 2019

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Queensland Workshops Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd Queensland Workshops Enterprise Agreement 2019 (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.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2019. The nominal expiry date of the Agreement is 27 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Downer EDI Engineering Electrical Pty Ltd, sought approval for the Downer EDI Engineering Electrical Pty Ltd Queensland Workshops Enterprise Agreement 2019. The dispute centred on the negotiation and content of the enterprise agreement, which was intended to regulate the employment terms and conditions of the applicant's employees within the Queensland Workshops division.

The legal issues before the court involved the validity of the negotiation process and the fairness of the agreement's terms. The applicant argued that the agreement was fairly negotiated and met the statutory requirements under the Fair Work Act 2009. Conversely, the respondent raised concerns regarding the negotiation process and the appropriateness of certain terms within the agreement. The court had to determine whether the agreement complied with the legal standards for fair negotiation and whether it met the criteria for approval under the Fair Work Act.

The court examined the negotiation process and found that it adhered to the legal standards set forth in the Fair Work Act. It was established that the parties had genuinely attempted to negotiate the terms of the agreement. The court also reviewed the terms of the agreement to ensure they were fair and reasonable. After considering all the evidence and submissions, the court concluded that the agreement was fairly negotiated and contained appropriate terms. Therefore, the court approved the Downer EDI Engineering Electrical Pty Ltd Queensland Workshops Enterprise Agreement 2019.

The final orders of the court mandated the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees within the Queensland Workshops division.

Downer EDI Engineering Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established