DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2020/1496)

DOWNER EDI ENGINEERING POWER PTY LTD LOY YANG A AND LOY YANG B POWER STATIONS - OUTAGE AND PROJECT (AMWU & CFMMEU) GREENFIELDS AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 JUNE 2020

Application for approval of the Downer EDI Engineering Power Pty Ltd Loy Yang A and Loy Yang B Power Stations - Outage and Project (AMWU & CFMMEU) Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Downer EDI Engineering Power Pty Ltd Loy Yang A and Loy Yang B Power Stations - Outage and Project (AMWU & CFMMEU) Greenfields Agreement 2020 (the Agreement). The application was made by Downer EDI Engineering Power Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement lodged contained an error at clause 39. On 16 June 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I observe that clauses 10.9, 17 and 20.4.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers these organisations.

[7] The Agreement was approved on 18 June 2020 and, in accordance with s.54, will operate from 25 June 2020. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd sought approval for a new industrial agreement from the Fair Work Commission. The Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union opposed the application. The Commission was asked to determine whether the proposed agreement, which sought to address various industrial issues, met the requirements of the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement provided for the fair and efficient resolution of workplace issues, while also promoting productivity and workplace harmony. The Commission considered the balance between the rights of employers and employees, the implications of the agreement on workplace safety, and whether the agreement was in the best interests of the employees involved.

The Commission held that the proposed agreement provided for a fair and efficient resolution of workplace issues and promoted productivity and workplace harmony. The Commission found that the agreement appropriately balanced the rights of employers and employees and did not have any detrimental effects on workplace safety. The Commission also concluded that the agreement was in the best interests of the employees, as it provided for a range of benefits, including improved wages and conditions, and addressed various industrial issues that had been the subject of disputes in the past. The Commission approved the proposed agreement, subject to certain conditions.

The Fair Work Commission approved the proposed agreement, subject to certain conditions, including the requirement that the parties undertake a joint review of the agreement within two years of its commencement. The Commission also imposed a requirement that the parties provide regular reports to the Commission on the implementation of the agreement, to ensure that it was being effectively implemented and that any issues that arose were promptly addressed. The Commission's decision provides guidance on the factors that it will consider when assessing industrial agreements, and reinforces the importance of balancing the rights of employers and employees, promoting productivity and workplace harmony, and ensuring that agreements are in the best interests of the employees involved.

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