DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2015/70)

DOWNER EDI ENGINEERING POWER PTY LTD TECHNICAL SERVICES ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the Downer EDI Engineering Power Pty Ltd Technical Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Technical Services Enterprise Agreement 2014 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 5 February 2015 and, in accordance with s.54, will operate from 12 February 2015. The nominal expiry date of the Agreement is 5 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd recently sought approval of the Downer EDI Engineering Power Pty Ltd Technical Services Enterprise Agreement 2014 from the Fair Work Commission. The application arose from negotiations between the company and its employees over the terms and conditions of their employment. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court had to determine whether the agreement provided for the fair and equitable treatment of employees, and whether it complied with the various provisions of the Act. This included assessing whether the agreement contained the necessary provisions for minimum wages and conditions, and whether it was certified as a single interest employer agreement by an accredited bargaining agent. The court also had to consider whether the agreement was in the best interests of the employees and if it was made in good faith.

The Fair Work Commission found that the agreement met all the necessary requirements for approval. The court concluded that the agreement provided for fair and equitable treatment of employees, contained the necessary provisions for minimum wages and conditions, and was certified as a single interest employer agreement. The Commission also determined that the agreement was in the best interests of the employees and was made in good faith. Therefore, the court approved the application for the Downer EDI Engineering Power Pty Ltd Technical Services Enterprise Agreement 2014.

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