DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2015/7008)

DOWNER EDI ENGINEERING POWER PTY LTD & DOWNER EDI ENGINEERING ELECTRICAL PTY LTD CURTIS ISLAND SUPPORT SERVICES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 15 JANUARY 2016

Application for approval of the Downer EDI Engineering Power Pty Ltd & Downer EDI Engineering Electrical Pty Ltd Curtis Island Support Services Enterprise Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Downer EDI Engineering Power Pty Ltd & Downer EDI Engineering Electrical Pty Ltd Curtis Island Support Services Enterprise Agreement 2015 (Agreement). The application was made by Downer EDI Engineering Power Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of section 190 as are relevant to this application for approval have been met.

[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 and will be applied consistently with Clause 17 of the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicants, Downer EDI Engineering Power Pty Ltd and Downer EDI Engineering Electrical Pty Ltd, sought approval of their enterprise agreement from the Fair Work Commission. The respondents, including various unions and employee representatives, opposed the approval on the basis that the agreement did not meet the requirements under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, presided over by Commissioner Holmes. The central legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement had been made in accordance with the procedural fairness obligations, and whether it contained terms that were fair and reasonable.

The Commission examined the evidence presented by both parties regarding the process by which the agreement was negotiated and finalised. It was determined that the process followed was procedurally fair, as it allowed for adequate representation and opportunity to be heard. The Commission also assessed the substantive fairness of the agreement, considering factors such as the balance of interests, the extent to which it addressed workplace issues, and whether it provided for adequate protection of employee rights. Ultimately, the Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the interests of the parties involved.

In light of the findings, the Fair Work Commission approved the Downer EDI Engineering Power Pty Ltd & Downer EDI Engineering Electrical Pty Ltd Curtis Island Support Services Enterprise Agreement 2015. The decision recognised the fairness of the agreement in terms of both process and content, and acknowledged the efforts of the parties to reach a mutually acceptable outcome. The Commission's approval of the agreement ensures that it will be legally binding and enforceable, providing a framework for the employment relationship between the parties moving forward.

Downer EDI Engineering Power Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established