Downer EDI Engineering Electrical Pty Ltd T/A Downer Infrastructure

[2014] FWCA 7589

FAIR WORK COMMISSION

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
(AG2014/7835)

DOWNER INFRASTRUCTURE NORTHERN REGION ELECTRICAL ENTERPRISE AGREEMENT 2014 - 2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 OCTOBER 2014

Application for approval of the Downer Infrastructure Northern Region Electrical Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Northern Region Electrical Enterprise Agreement 2014 - 2017 (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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 31 October 2014. The nominal expiry date of the Agreement is 1 July 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Downer EDI Engineering Electrical Pty Ltd, trading as Downer Infrastructure, for approval of the Downer Infrastructure Northern Region Electrical Enterprise Agreement 2014-2017. This agreement was made between the employer and a number of employees who are members of the Electrical Trades Union of Australia. The case was heard by the Fair Work Commission (FWC), an Australian independent statutory body responsible for resolving workplace disputes and promoting fair work practices.

The primary legal issue before the FWC was whether the terms and conditions outlined in the proposed enterprise agreement were fair and reasonable, and thus warrant approval. The FWC had to consider whether the agreement provided for fair and reasonable pay and conditions, and whether it complied with the relevant provisions of the Fair Work Act 2009. Another key consideration was whether the agreement had been fairly negotiated and whether it provided for an appropriate process for resolving disputes between the parties.

The FWC found that the proposed agreement met the necessary criteria for approval. The commission considered the economic context, the bargaining positions of the parties, and the terms and conditions proposed in the agreement. The FWC determined that the pay rates and conditions in the agreement were fair and reasonable, and that the agreement had been fairly negotiated. The commission also noted the parties' commitment to resolving disputes through a fair and efficient process. Consequently, the FWC approved the Downer Infrastructure Northern Region Electrical Enterprise Agreement 2014-2017, with the approval effective from the date of the decision.

The FWC's decision was grounded in the comprehensive evaluation of the agreement's terms, the negotiation process, and the broader economic context. By approving the agreement, the FWC affirmed that the proposed terms and conditions were fair and reasonable, and that the agreement would promote harmonious workplace relations. The approval of the enterprise agreement ensures that the employees covered by the agreement will benefit from the terms and conditions negotiated between the employer and the union, while also providing a framework for resolving any future disputes that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established