DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd T/A Downer EDI Engineering
(AG2016/621)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD QUEENSLAND ELECTRICAL WORKSHOP ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 14 APRIL 2016

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Queensland Electrical Workshop Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd Queensland Electrical Workshop 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 14 April 2016 and, in accordance with s.54, will operate from 21 April 2016. The nominal expiry date of the Agreement is 14 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Downer EDI Engineering Electrical Pty Ltd to have the Queensland Electrical Workshop Enterprise Agreement 2016 approved. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred around whether the agreement met the legal criteria for approval, particularly in terms of ensuring the agreement did not have an adverse effect on employees and promoted fair and effective workplace relations.

The primary legal issues the court had to address were whether the agreement was genuinely negotiated, free from coercion or duress, and whether it contained the necessary minimum terms as stipulated by the Fair Work Act. The court also had to consider if the agreement would result in a detrimental effect on the employees and if it was consistent with the overarching purpose of the Act, which is to establish a fair work system that promotes economic prosperity and social inclusion.

The Fair Work Commission concluded that the agreement was genuinely negotiated and free from any form of coercion. The court found that the agreement contained all the required minimum terms and would not have an adverse effect on employees. The commission was satisfied that the agreement promoted fair and effective workplace relations, aligning with the objectives of the Fair Work Act. The application was therefore approved, and the agreement was registered under the Act.

The final orders of the court were that the Downer EDI Engineering Electrical Pty Ltd Queensland Electrical Workshop Enterprise Agreement 2016 be approved and registered. This decision was made in accordance with the legal framework provided by the Fair Work Act, ensuring that the agreement would facilitate a fair and balanced approach to workplace relations within the specified enterprise.

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