DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2019/293)

NGT ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 14 JUNE 2019

Application for approval of the NGT Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NGT Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Downer EDI Engineering Power Pty Ltd, the Australian Building and Construction Commission (ABCC) applied for approval of the NGT Enterprise Agreement 2019, which was proposed to be implemented among several employees of Downer EDI Engineering Power Pty Ltd. The application was made in the Fair Work Commission (FWC), where the primary dispute centred on whether the proposed enterprise agreement complied with the necessary legislative requirements and fair work principles.

The key legal issues that the FWC was required to decide included whether the NGT Enterprise Agreement 2019 adequately addressed minimum wage rates, penalty rates, and other employment conditions in compliance with the Fair Work Act 2009. Additionally, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, and if it appropriately balanced the interests of both the employer and the employees.

The FWC considered the various provisions of the proposed enterprise agreement, alongside submissions from both the ABCC and the parties involved. The Commission found that the NGT Enterprise Agreement 2019 complied with the statutory requirements and contained fair and reasonable terms and conditions. The agreement was deemed to appropriately balance the interests of both the employer and the employees, taking into account various factors such as the nature of the work, the skills and qualifications of the employees, and the economic circumstances of the parties involved. Consequently, the FWC approved the NGT Enterprise Agreement 2019 for implementation.

The final orders included the approval of the NGT Enterprise Agreement 2019, which would govern the employment terms and conditions of the relevant employees of Downer EDI Engineering Power Pty Ltd. The agreement would come into effect on the date specified in the agreement, and the FWC directed the parties to take all necessary steps to implement the approved agreement in accordance with its terms.

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