DECISION

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

Downer EDI Engineering Electrical Pty Ltd T/A Downer Infrastructure
(AG2014/10926)

DOWNER INFRASTRUCTURE & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2014 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 JANUARY 2015

Application for approval of the Downer Infrastructure & CEPU Electrical Division Queensland Enterprise Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure & CEPU Electrical Division Queensland Enterprise Agreement 2014 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 28 January 2015. The nominal expiry date of the Agreement is 15 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd, trading as Downer Infrastructure, applied for approval of the Downer Infrastructure & CEPU Electrical Division Queensland Enterprise Agreement 2014 - 2015, before the Fair Work Commission. The applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) had entered into a collective agreement for the Queensland Electrical Division employees. The dispute concerned the approval and registration of this agreement under the Fair Work Act 2009. The Commission had to determine if the agreement met the criteria for registration, specifically whether it complied with the good faith bargaining requirement and the provisions of the Act.

The primary legal issue was whether the agreement had been made in good faith, as required by the Fair Work Act. The Commission examined if the parties had genuinely attempted to reach an agreement and if the agreement reflected a fair and reasonable outcome. The applicant argued that the agreement was made in good faith, while the CFMEU contended that certain provisions did not meet the good faith requirement. The Commission also had to assess if the agreement contained all the mandatory terms prescribed by the Act and if it complied with the public interest test.

The Fair Work Commission found that the agreement had been made in good faith. It noted that the parties had engaged in extensive and genuine negotiations, and the terms of the agreement reflected a fair and reasonable outcome. The Commission also determined that the agreement contained all the mandatory terms and met the public interest test. Consequently, the Commission approved the application and ordered the registration of the Downer Infrastructure & CEPU Electrical Division Queensland Enterprise Agreement 2014 - 2015.

The final orders of the Fair Work Commission included the approval and registration of the Downer Infrastructure & CEPU Electrical Division Queensland Enterprise Agreement 2014 - 2015. The agreement was to be registered by the Commission and would have effect from the date of the decision. The Commission also directed that the agreement be published on its website and provided to the parties involved. The decision affirmed the validity of the agreement and ensured its enforcement in accordance with the Fair Work Act.

Downer EDI Engineering Electrical Pty Ltd T/A Downer Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established