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

[2013] FWCA 7355

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
(AG2013/2937)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD AND DOWNER EDI ENGINEERING POWER PTY LTD CURTIS ISLAND LNG PROJECTS GREENFIELDS AGREEMENT 2013-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 SEPTEMBER 2013

Application for approval of the Downer EDI Engineering Electrical Pty Ltd and Downer EDI Engineering Power Pty Ltd Curtis Island LNG Projects Greenfields Agreement 2013-2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 September 2013 by Downer EDI Engineering Electrical Pty Ltd and Downer EDI Engineering Power Pty Ltd for the approval of a Greenfields agreement known as the Downer EDI Engineering Electrical Pty Ltd and Downer EDI Engineering Power Pty Ltd Curtis Island LNG Projects Greenfields Agreement 2013-2014(“the Agreement”).

[2] Statutory declarations were provided by:

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

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

Mr K. McKenzie, Deputy 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 AWU, AMWU 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] 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.

[5] 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 applicants, Downer EDI Engineering Electrical Pty Ltd and Downer EDI Engineering Power Pty Ltd, sought approval for their Curtis Island LNG Projects Greenfields Agreement 2013-2014. The application was made to the Fair Work Commission, which was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The respondents, the Australian Manufacturing Workers Union and the Electrical Trades Union, opposed the application on the grounds that the agreement did not meet the requirements for a single-enterprise agreement and that it contained provisions that were contrary to public policy.

The legal issues before the Commission included whether the agreement constituted a single-enterprise agreement, whether the agreement complied with the requirements of the Fair Work Act, and whether any provisions of the agreement were contrary to public policy. The Commission considered the arguments of the parties and examined the content of the proposed agreement in light of relevant legislative provisions and case law.

After considering the evidence and arguments presented, the Commission found that the proposed agreement constituted a single-enterprise agreement and that it complied with the requirements of the Fair Work Act. The Commission also found that none of the provisions of the agreement were contrary to public policy. The Commission approved the proposed agreement subject to certain conditions, including the requirement that the applicants provide written confirmation to the Commission that they had taken steps to ensure that the agreement would be implemented in accordance with its terms.

The Commission made orders approving the Curtis Island LNG Projects Greenfields Agreement 2013-2014, subject to the conditions outlined in the decision. The applicants were required to provide written confirmation to the Commission within a specified timeframe that they had taken steps to ensure that the agreement would be implemented in accordance with its terms. The respondents were given the right to appeal the decision to the Federal Court of Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established