DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2018/3561)

DOWNER EDI ENGINEERING POWER PTY LTD NSW REGIONAL ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 21 FEBRUARY 2019

Application for approval of the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2018 - 2021 (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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2019. The nominal expiry date of the Agreement is 20 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd applied to the Fair Work Commission for the approval of the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2018 - 2021. The application was made under section 229 of the Fair Work Act 2009. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA). The SDA expressed concerns that the agreement would lead to a reduction in employees' hours and entitlements, and that it did not adequately protect employees' rights.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 229 of the Fair Work Act 2009. The Commission considered whether the agreement provided for fair and efficient workplace relations, and whether it complied with the national employment standards and modern awards. The Commission also examined whether the agreement provided for the protection of employees' rights and entitlements, and whether it was made in good faith and without coercion.

The Commission found that the agreement met the requirements for approval. It found that the agreement provided for fair and efficient workplace relations, and that it complied with the national employment standards and modern awards. The Commission also found that the agreement provided for the protection of employees' rights and entitlements, and that it was made in good faith and without coercion. The Commission noted that the agreement included provisions for the protection of employees' hours and entitlements, and that it provided for the resolution of any disputes that may arise. The Commission was satisfied that the agreement would promote harmonious, productive and equitable workplace relations.

The Fair Work Commission approved the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2018 - 2021, effective from 1 July 2018. The Commission found that the agreement met the requirements for approval under section 229 of the Fair Work Act 2009, and that it provided for fair and efficient workplace relations, and the protection of employees' rights and entitlements.

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