DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2019/3590)

DOWNER EDI ENGINEERING POWER PTY LTD QUEENSLAND MAINTENANCE SERVICES AND MINOR CAPITAL ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 OCTOBER 2019

Application for approval of the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services and Minor Capital Enterprise Agreement 2019.

[1] Downer EDI Engineering Power Pty Ltd has applied for approval of a single enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services and Minor Capital Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union; the Australian Workers’ Union; the Construction, Forestry, Maritime, Mining and Energy Union; and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 9 October 2019 and, in accordance with s.54, will operate from 16 October 2019. The nominal expiry date of the Agreement is 1 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Downer EDI Engineering Power Pty Ltd applied for the approval of the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services and Minor Capital Enterprise Agreement 2019. The agreement was being sought under the Fair Work Act 2009. The applicant argued that the agreement would ensure that employees would continue to receive wages and benefits consistent with the existing enterprise agreement, while also implementing changes that would improve operational efficiency and align with industry standards.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. The applicant had to demonstrate that the agreement was fair and reasonable, considering the interests of employees and employers, and that it complied with the relevant provisions of the Act. The court had to assess whether the agreement provided for minimum rates of pay, reasonable working conditions, and did not adversely affect the employees' ability to exercise their rights under the Act.

The court considered the submissions from both the applicant and the registered organisations representing the employees. It evaluated the provisions of the agreement against the criteria set out in the Fair Work Act 2009. The court noted that the agreement provided for minimum wages and benefits that were comparable to those under the existing agreement, and it included provisions for dispute resolution and flexibility. The court was satisfied that the agreement was fair and reasonable, and it approved the enterprise agreement.

The court's final orders were that the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services and Minor Capital Enterprise Agreement 2019 be approved under section 234 of the Fair Work Act 2009. The agreement came into effect from the date of the approval, and it would remain in force until it was terminated or superseded by a new agreement.

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