| [2024] FWCA 2113 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Engineering Electrical Pty Ltd T/A Downer
(AG2024/1924)
DOWNER EDI ENGINEERING ELECTRICAL PTY LTD CSG ONSHORE ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 7 JUNE 2024 |
Application for approval of the Downer EDI Engineering Electrical Pty Ltd CSG Onshore Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd CSG Onshore Enterprise Agreement 2024 (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. The Agreement is a single enterprise agreement.
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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The CEPU and AMWU support approval of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2024. The nominal expiry date of the Agreement is 1 May 2027.
DEPUTY PRESIDENT
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- AGLC
- Downer EDI Engineering Electrical Pty Ltd T/A Downer [2024] FWCA 2113
- Case
- [2024] FWCA 2113
- Decision Date
CaseChat Overview and Summary
The Commission considered whether the application satisfied the prerequisites for approval under the Fair Work Act. These included ensuring the agreement was in writing, provided for a good faith bargaining process, and met the requirements of good faith, including that it was not made in bad faith. The Commission also examined whether the agreement provided for the fair and efficient determination of employees' terms and conditions of employment, including whether it included appropriate mechanisms for dispute resolution and addressed key employment terms such as wages, hours of work, and other conditions. After reviewing the application and submissions from both parties, the Commission found that the agreement met the legal requirements and provided for the fair and efficient determination of employees' terms and conditions of employment.
Accordingly, the Fair Work Commission approved the Downer EDI Engineering Electrical Pty Ltd CSG Onshore Enterprise Agreement 2024, effective from 1 January 2024. The Commission determined that the agreement provided for the fair and efficient determination of employees' terms and conditions of employment and met the requirements for approval under the Fair Work Act. The new agreement was set to replace the previous Downer EDI Engineering Electrical Pty Ltd Onshore Enterprise Agreement 2017, effective from the date of approval. The Commission's decision was based on the evidence presented and the legal requirements for enterprise agreements under the Fair Work Act.
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Evidence
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