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

[2013] FWCA 6690

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
(AG2013/2660)

DOWNER INFRASTRUCTURE HAY POINT EXPANSION 3 PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 5 SEPTEMBER 2013

Application for approval of the Downer Infrastructure Hay Point Expansion 3 Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 August 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 Infrastructure Hay Point Expansion 3 Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

Mr T. Bradley, 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 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 CFMEU, 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

Downer EDI Engineering Electrical Pty Ltd and Downer EDI Engineering Power Pty Ltd sought approval from the Fair Work Commission for the Downer Infrastructure Hay Point Expansion 3 Project Union Greenfields Agreement. The application was made under section 234 of the Fair Work Act 2009, seeking to make the agreement applicable to employees previously covered by the Construction, Forestry, Maritime, Mining and Energy Union National Construction and Engineering Enterprise Agreement 2011. The dispute centred around the terms and conditions of employment for these employees.

The primary legal issue before the commission was whether the proposed agreement would provide better off or no worse off the employees it covered, as required by section 235 of the Fair Work Act 2009. The commission considered whether the agreement's provisions met this standard and whether it was in the best interests of the employees. The commission also assessed whether the agreement was in accordance with the relevant legislative framework and whether the application process complied with the necessary procedural requirements.

The Fair Work Commission approved the application, finding that the Downer Infrastructure Hay Point Expansion 3 Project Union Greenfields Agreement provided employees with better pay and conditions than those provided under the previous enterprise agreement. The commission noted that the agreement included provisions for higher wages, improved leave entitlements, and additional benefits, which collectively represented a significant improvement in the terms of employment. The commission concluded that the agreement was in the best interests of the employees and that the application process was conducted in accordance with the law. The approval was granted under section 234 of the Fair Work Act 2009.

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