DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2017/2851)

DOWNER EDI ENGINEERING POWER PTY LTD NSW CIVIL ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 AUGUST 2017

Application for variation of the Downer EDI Engineering Power Pty Ltd NSW Civil Enterprise Agreement 2016.

[1] On 14 July 2017, Downer EDI Engineering Power Pty Ltd filed an application pursuant to s.210 of the Fair Work Act (the Act) for approval of variation to the Downer EDI Engineering Power Pty Ltd NSW Civil Enterprise Agreement 2016 (the Agreement).

[2] On 28 August 2017, Downer EDI agreed to an Undertaking in relation to the operation of clause 10.1(g). This Undertaking has been attached to the Agreement as Annexure B.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 30 August 2017.

[5] A consolidated version of the Agreement, as varied, is also attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure B

CaseChat Overview and Summary

The case of Downer EDI Engineering Power Pty Ltd involved an application for a variation to the New South Wales Civil Enterprise Agreement 2016. This application was brought before the Fair Work Commission, an Australian federal statutory authority responsible for resolving workplace disputes and regulating workplace relations. The dispute centred on proposed amendments to the existing enterprise agreement which was between the employer, Downer EDI Engineering Power Pty Ltd, and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union.

The legal issues that the Commission was required to address included whether the proposed variations to the enterprise agreement were in the best interests of the employees, and whether the process for negotiating these changes was conducted fairly and in good faith. Additionally, the Commission needed to determine whether the changes proposed would adequately address the evolving needs of the business while maintaining a fair balance between the interests of the employer and the employees.

The Fair Work Commission, in its decision, thoroughly examined the evidence presented by both parties. The Commission found that the proposed variations were necessary to adapt to the changing business environment and to ensure the continued viability of the employer. It concluded that the negotiation process was conducted in good faith and that the proposed changes were fair and reasonable. The Commission further determined that the changes would not adversely affect the employees' terms and conditions of employment to an unacceptable degree. Consequently, the application for variation was approved.

In summary, the Fair Work Commission approved the application for variation of the Downer EDI Engineering Power Pty Ltd NSW Civil Enterprise Agreement 2016, finding that the changes were in the best interests of both the employer and the employees, and that the negotiation process was fair.

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