DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2017/3056)

DOWNER EDI ENGINEERING POWER PTY LTD DLNG ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the Downer EDI Engineering Power Pty Ltd DLNG Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd DLNG Enterprise Agreement 2017 (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 Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 18 September 2017 and, in accordance with s.54, will operate from 25 September 2017. The nominal expiry date of the Agreement is 25 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Downer EDI Engineering Power Pty Ltd DLNG Enterprise Agreement 2017. The applicants were the employer, Downer EDI Engineering Power Pty Ltd, and the respondents were the unions involved in the agreement, the Construction, Forestry, Maritime, Mining and Energy Union and the Electrical Trades Union. The dispute centred on whether the proposed enterprise agreement was in the interests of the employees covered by it. The Commission had to decide whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it met the "better off overall test."

The Commission found that the proposed agreement did indeed provide for fair and reasonable terms and conditions for the employees and met the better off overall test. The agreement provided for a range of benefits to the employees, including a pay rise, improved working conditions, and enhanced redundancy provisions. The Commission noted that the agreement had been negotiated in good faith and that both parties had made compromises to reach a mutually acceptable agreement. The Commission also found that the agreement would provide for better outcomes for the employees than if they were subject to the applicable awards or other agreements.

As a result of its findings, the Commission approved the proposed agreement. The agreement now provides the basis for the terms and conditions of employment for the employees covered by it. The approval of the agreement ensures that the employees will benefit from the improved terms and conditions negotiated by their unions and their employer. The approval also provides certainty for the employer, who can now be confident that the agreement will be upheld by the 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