DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2020/452)

DOWNER EDI ENGINEERING POWER PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019 - 2022

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 MARCH 2020

Application for approval of the Downer EDI Engineering Power Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 - 2022 (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 Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[4] The Agreement was approved on 13 March 2020 and, in accordance with s.54, will operate from 20 March 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Downer EDI Engineering Power Pty Ltd, the Fair Work Commission was asked to approve the Downer EDI Engineering Power Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 - 2022. The enterprise agreement sought to regulate employment terms and conditions for the employees of the company covered by the agreement. The dispute centred around whether the proposed terms of the agreement complied with the relevant statutory requirements and whether they were fair and reasonable.

The primary legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it was a "better off overall test" compliant agreement. Specifically, the court needed to assess whether the agreement met the criteria for being a "simple, fair and flexible" agreement, as well as whether it adhered to the minimum entitlements set out in the applicable awards. Furthermore, the court had to determine whether the agreement provided for a fair and reasonable outcome for all parties involved.

The court found that the proposed agreement was compliant with the statutory requirements and was a "better off overall test" compliant agreement. It was noted that the agreement provided for a simple, fair, and flexible employment structure, and that it incorporated minimum entitlements from the relevant awards. The court also found that the agreement was a fair and reasonable outcome for both the employer and the employees, taking into account the specific circumstances of the company and the bargaining positions of the parties. As a result, the court approved the Downer EDI Engineering Power Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 - 2022.

In summary, the Fair Work Commission approved the enterprise agreement between Downer EDI Engineering Power Pty Ltd and the ETU Sydney Construction Enterprise. The court found that the agreement was compliant with the statutory requirements and met the criteria for being a "simple, fair and flexible" agreement, as well as adhering to the minimum entitlements set out in the applicable awards. The court concluded that the agreement was a fair and reasonable outcome for both the employer and the employees.

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