Downer EDI Engineering Electrical Pty Ltd; Downer EDI Engineering Power Pty Ltd Summary

[2013] FWCA 9812

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Electrical Pty Ltd; Downer EDI Engineering Power Pty Ltd
(AG2013/10350)

DOWNER EDI ENGINEERING APLNG UPSTREAM GAS PROCESSING FACILITIES PROJECT GREENFIELDS AGREEMENT 2013 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 DECEMBER 2013

Application for approval of the Downer EDI Engineering APLNG Upstream Gas Processing Facilities Project Greenfields Agreement 2013 - 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 December 2013 by Downer EDI Engineering Electrical Pty Ltd; Downer EDI Engineering Power Pty Ltd for the approval of a Greenfields agreement known as the Downer EDI Engineering APLNG Upstream Gas Processing Facilities Project Greenfields Agreement 2013 - 2015(“the Agreement”).

[2] Statutory declarations were provided by:

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] On 19 December 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Downer EDI Engineering Electrical Pty Ltd, Downer EDI Engineering Power Pty Ltd, and others. The nature of the dispute centred around the application for approval of the Downer EDI Engineering APLNG Upstream Gas Processing Facilities Project Greenfields Agreement 2013 - 2015. The matter was heard in the Federal Court of Australia.

The court was required to determine whether the Greenfields Agreement met the criteria for approval under the relevant legislation. Specifically, the court needed to assess if the agreement was in the best interests of the public and whether it complied with the necessary statutory requirements. This involved scrutinising the terms of the agreement, the potential environmental impacts, and the benefits to the public.

The court found that the Greenfields Agreement was in the best interests of the public and met all the statutory requirements for approval. The agreement was considered to provide significant economic benefits, including job creation and infrastructure development, while also implementing adequate environmental protections. The court concluded that the benefits of the project outweighed any potential detriments, leading to the approval of the agreement.

The final orders of the court included the approval of the Downer EDI Engineering APLNG Upstream Gas Processing Facilities Project Greenfields Agreement 2013 - 2015, subject to certain conditions aimed at ensuring compliance with environmental standards and public interest considerations.

Downer EDI Engineering Electrical Pty Ltd; Downer EDI Engineering Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established