DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2019/2695)

DOWNER EDI ENGINEERING POWER PTY LTD CURTIS ISLAND SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 23 AUGUST 2019

Application for approval of the Downer EDI Engineering Power Pty Ltd Curtis Island Support Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Curtis Island Support Services Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Downer EDI Engineering Power Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 9 August 2019.

[3] On 20 August 2019, I contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 22 August 2019. The undertaking deals with the following topics:

• In accordance with the National Employment Standards (NES), employees will be entitled to ten days of personal leave per year.

• In accordance with the NES, employees who abandon their employment will be entitled to notice of termination entitlements in accordance with clause 13.1 of the Agreement.

• The Applicant undertakes not to engage trainees for the duration of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “The Australian Workers’ Union (AWU)”, ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)” and “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)” being 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) of the Act I note that the Agreement covers these organisations.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 22 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Downer EDI Engineering Power Pty Ltd, sought approval of the Curtis Island Support Services Enterprise Agreement 2019 from the Fair Work Commission. The dispute involved the conditions of employment for employees within the scope of the proposed agreement. The matter was heard in the Fair Work Commission, an Australian independent statutory body with the responsibility for the improvement of workplace relations and the resolution of employment disputes.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, was free from coercion and undue influence, and was not detrimental to the employees covered by the agreement. The Commission had to determine if the agreement balanced the interests of both employers and employees appropriately, while also ensuring compliance with relevant legislative provisions.

In reaching its decision, the Commission considered various factors, including the nature of the work, the terms and conditions proposed, and the extent to which the agreement provided for fair and reasonable terms. The Commission concluded that the proposed agreement was fair and reasonable, met the criteria for approval, and did not contain any provisions that would be detrimental to the employees. The applicants' argument that the agreement was necessary to ensure the efficient operation of the business was also considered favourably by the Commission.

The Fair Work Commission approved the Curtis Island Support Services Enterprise Agreement 2019, subject to certain conditions. The applicants were required to provide additional information and assurances regarding specific provisions within the agreement, to ensure ongoing compliance with the Fair Work Act 2009. The Commission's decision recognised the importance of balancing the interests of both employers and employees while maintaining fair and reasonable terms and conditions of employment.

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