DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd.
(AG2015/5213)

DOWNER EDI ENGINEERING POWER PTY LTD SOUTH WEST MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Downer EDI Engineering Power Pty Ltd South West Maintenance Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd South West Maintenance Services Enterprise Agreement 2015 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 2 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd, the applicant, sought approval of the Downer EDI Engineering Power Pty Ltd South West Maintenance Services Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was a genuine bargain between the parties, complied with the prescribed terms, and was in the best interests of the employees.

The legal issues before the Commission involved verifying that the agreement was genuinely negotiated, that it contained all prescribed terms, and that it did not disadvantage employees in a way that was not in their best interests. The applicant argued that the agreement met all statutory requirements and was a fair and reasonable outcome of negotiations between the parties. The Commission examined the negotiation process, the contents of the agreement, and its implications for the employees.

The Commission found that the agreement was genuinely negotiated and contained all the prescribed terms. It was concluded that the agreement did not disadvantage the employees in a way that was not in their best interests. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and dispute resolution. The Commission approved the agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Downer EDI Engineering Power Pty Ltd South West Maintenance Services Enterprise Agreement 2015. The approval was based on the finding that the agreement was a genuine bargain, contained all prescribed terms, and was in the best interests of the employees.

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