DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2020/1818)

DOWNER ENGINEERING POWER PTY LTD SANTOS (GLNG) FIELD DEVELOPMENT ENTERPRISE AGREEMENT 2020

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JULY 2020

Application for variation of the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2018 (the Agreement). The application was made by Downer EDI Engineering Power Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 5 October 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 29 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd recently sought an application for variation of the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2018, which was heard in the Fair Work Commission. The applicant, Downer EDI Engineering Power Pty Ltd, aimed to amend the existing enterprise agreement to reflect changes in operational requirements and to address emerging issues within the workforce. The dispute centred around the necessity of these changes to maintain operational efficiency and to align with broader economic and industry trends.

The primary legal issue before the court was whether the proposed variations to the enterprise agreement met the criteria for an approved variation as outlined in the Fair Work Act 2009. Specifically, the court needed to determine if the changes were in the interests of the employees and if they were necessary to achieve a fair and efficient workplace. Additionally, the court had to consider the procedural fairness of the process through which the variations were proposed and negotiated.

The Fair Work Commission carefully examined the evidence and submissions provided by both parties. It considered the necessity of the proposed changes to ensure operational efficiency and the potential impact on employees. The Commission found that the applicant had adequately demonstrated that the variations were necessary to address significant operational challenges and to maintain a competitive edge in the industry. It concluded that the proposed changes would not adversely affect the employees' interests and were thus in line with the principles of procedural fairness and the spirit of the Fair Work Act. The application was subsequently approved, allowing the enterprise agreement to be varied as requested.

Downer EDI Engineering Power Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established