DECISION

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

Downer EDI Engineering Electrical Pty Ltd T/A Downer EDI Engineering
(AG2016/1270)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD SOUTHERN REGION ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 5 SEPTEMBER 2016

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2016. (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 T/A Downer EDI Engineering. The Agreement is a single-enterprise agreement.

[2] The model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[3] Further to the Decision [[2016] FWC 5723] and the Suppression Order [PR584607] issued in this matter, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 12 September 2016. The nominal expiry date of the Agreement is 5 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd, trading as Downer EDI Engineering, applied to the Fair Work Commission for approval of the Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2016. The application involved the determination of the terms and conditions of employment for employees within the Southern region of Downer EDI Engineering. The dispute centred on the procedural fairness of the negotiation process and the fairness of the proposed agreement terms.

The primary legal issues addressed by the Commission were whether the agreement was genuinely negotiated between the employer and the employees, and if it met the requirements of procedural and substantive fairness. The Commission examined evidence regarding the negotiation process and whether it adhered to the principles of good faith bargaining. It also assessed the fairness of the agreement's terms, including pay rates, conditions of employment, and other entitlements.

The Commission found that the negotiation process was conducted in good faith and that the agreement met the procedural fairness requirements. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the principles of enterprise bargaining and the need for a balance between the interests of the employer and the employees. The Commission approved the Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2016, acknowledging its compliance with the relevant legislative framework and the Fair Work Act 2009.

The Fair Work Commission approved the agreement, highlighting that the negotiation process was conducted in accordance with good faith bargaining principles and that the terms of the agreement were fair and reasonable. The Commission's decision confirmed the validity of the agreement, which now governs the employment conditions for the employees in the Southern region of Downer EDI Engineering.

Downer EDI Engineering Electrical Pty Ltd T/A Downer EDI Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established