DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2016/605)

DOWNER EDI ENGINEERING POWER PTY LTD NSW ELECTRICAL ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2016

Application for approval of the Downer EDI Engineering Power Pty Ltd NSW Electrical Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd NSW Electrical Enterprise Agreement 2016 (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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2016. The nominal expiry date of the Agreement is 28 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are Downer EDI Engineering Power Pty Ltd and its employees represented by the Electrical Trades Union of Australia. The dispute concerns the application for approval of the Downer EDI Engineering Power Pty Ltd NSW Electrical Enterprise Agreement 2016. The application was heard in the Fair Work Commission of Australia.

The central legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. Specifically, the court needed to determine if the agreement was fair and whether it had been genuinely bargained for by the parties.

The court considered the provisions of the Fair Work Act and examined the process by which the agreement was negotiated. It assessed the fairness of the agreement's terms, including wages, conditions, and other employment-related matters. The court also evaluated whether the agreement had been genuinely negotiated by the parties in good faith and if the union had adequately represented its members. After thorough consideration, the court found that the agreement satisfied all statutory requirements and was genuinely negotiated. The court approved the agreement based on these findings.

The court's decision resulted in the formal approval of the Downer EDI Engineering Power Pty Ltd NSW Electrical Enterprise Agreement 2016. The agreement was thus recognised as a valid and binding enterprise agreement under the Fair Work Act. The approval provided legal certainty to the terms of the agreement, ensuring its enforceability between the parties.

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