DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2018/3438)

DOWNER ENGINEERING PTY LTD SUSTAINING PROJECT & SERVICES WORKS QUEENSLAND ENTERPRISE AGREEMENT 2018

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 OCTOBER 2018

Application for approval of the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2018 (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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• clause 6.3 – notice of termination; and

• clause 18 – compassionate leave.

However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] 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.

[4] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a 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 these organisations.

[6] The Agreement was approved on 5 October 2018 and, in accordance with s.54, will operate from 12 October 2018. The nominal expiry date of the Agreement is 5 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2018. The applicant, Downer EDI Engineering Power Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The nature of the dispute was whether the agreement met the criteria for approval under the Act, including that it provided for fair and reasonable terms and conditions.

The court was required to determine whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. The applicant argued that the agreement provided for fair and reasonable terms and conditions, while the objectors argued that it did not. The court had to consider whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was in the interests of the employees covered by the agreement.

The court found that the agreement met the criteria for approval under the Fair Work Act 2009. The court considered the terms and conditions of the agreement, as well as the evidence provided by both the applicant and the objectors. The court found that the agreement provided for fair and reasonable terms and conditions, and that it was in the interests of the employees covered by the agreement. The court also found that the agreement met the other criteria for approval, including that it did not discriminate against any particular group of employees and that it provided for a fair and efficient method of resolving disputes.

The court approved the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2018, subject to certain conditions. The conditions included that the agreement be reviewed and updated every three years, and that any changes to the agreement be approved by the Fair Work Commission. The court also ordered that the agreement be registered with the Fair Work Commission.

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