Downer EDI Engineering Power Pty Ltd

[2022] FWCA 2477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd

(AG2022/2392)

Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JULY 2022

Application for approval of the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2022

Downer EDI Engineering Power Pty Ltd has made an application for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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.

The Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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 their declaration, I note that the Agreement covers the AMWU, the CEPU, and the CFMMEU.

The Agreement was approved on 22 July 2022 and, in accordance with s 54, will operate from 29 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Engineering Power Pty Ltd applied for the approval of the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2022. The dispute centred on the terms and conditions of employment for the employees within the company, specifically whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement did not adversely affect the employees' existing conditions and that it complied with the legislative requirements.

The primary legal issues the Commission had to address were whether the proposed agreement provided for appropriate minimum rates of pay and conditions, as well as whether it adhered to the provisions of the Fair Work Act. The Commission also had to consider if the agreement met the requirements for a simplified bargaining agreement and whether it was likely to achieve a more productive workplace. Another significant issue was whether the agreement had been made in good faith and whether the parties had genuinely attempted to negotiate.

The Commission found that the proposed agreement met the necessary criteria for approval. The terms and conditions within the agreement were deemed to provide for appropriate minimum rates of pay and conditions, and the Commission was satisfied that it complied with the Fair Work Act. The agreement was also found to be a simplified bargaining agreement, which was likely to achieve a more productive workplace. Furthermore, the Commission determined that the agreement had been made in good faith and that the parties had genuinely attempted to negotiate. Based on these findings, the Commission approved the application for the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established