DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2019/628)

DOWNER EDI ENGINEERING POWER PTY LTD SYDNEY SERVICE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 JUNE 2019

Application for approval of the Downer EDI Engineering Power Pty Ltd Sydney Service Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Sydney Service Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Engineering Power Pty Ltd (Employer). 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 20 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd recently sought approval of the Sydney Service Enterprise Agreement 2019. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether the process of its creation was fair and lawful.

The court considered several factors, including the nature of the bargaining process, the extent to which employees were involved, and the fairness of the terms and conditions proposed in the agreement. The applicant argued that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions. The applicant also provided evidence of the extensive consultation and negotiation process undertaken with the employees' representatives.

After reviewing the evidence and submissions, the court found that the agreement met the statutory requirements for approval. The court was satisfied that the process of its creation was fair and lawful, and that the terms and conditions it provided for were fair and reasonable. The court accepted that the applicant had engaged in good faith negotiations with the employees' representatives, and that the agreement reflected the outcome of those negotiations. Accordingly, the court approved the Sydney Service Enterprise Agreement 2019.

The court's decision provides useful guidance for employers seeking to negotiate and finalise enterprise agreements with their employees. It highlights the importance of a good faith bargaining process, and the need to ensure that the terms and conditions of the agreement are fair and reasonable. The decision also reinforces the importance of involving employees' representatives in the negotiation process, and of providing them with sufficient information to enable them to participate effectively in the negotiations.

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