Downer Edi Engineering Power Pty Ltd

[2024] FWCA 2500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Edi Engineering Power Pty Ltd

(AG2024/2123)

DOWNER EDI ENGINEERING POWER PTY LTD GOLDFIELDS ENTERPRISE AGREEMENT 2023

Electrical contracting and manufacturing industries
COMMISSIONER CRAWFORD	SYDNEY, 5 JULY 2024

Application for approval of the Downer EDI Engineering Power Pty Ltd Goldfields Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Goldfields Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Downer EDI Engineering Power Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 2.3(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 5 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd sought approval of the Goldfields Enterprise Agreement 2023 in the Fair Work Commission. The dispute centred on the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, and other employment conditions. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, and whether it complied with the statutory requirements for enterprise agreements under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for appropriate mechanisms for resolving workplace disputes, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement provided for a fair and efficient workplace, and that it complied with the statutory requirements for enterprise agreements. The Commission noted that the agreement provided for appropriate mechanisms for resolving workplace disputes, and that it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act.

Accordingly, the Commission approved the Goldfields Enterprise Agreement 2023, effective from 1 July 2023. The agreement will apply to the employees covered by the agreement, and will provide for their terms and conditions of employment for the duration of the agreement. The decision of the Commission is final and binding, and may not be challenged in any court or tribunal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established