Downer EDI Engineering Power Pty Ltd

[2014] FWCA 7725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2014/7833)

DOWNER EDI ENGINEERING POWER PTY LTD COMMERCIAL SECTOR ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 31 OCTOBER 2014

Application for approval of the Downer EDI Engineering Power Pty Ltd Commercial Sector Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Commercial Sector 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] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 7 November 2014. The nominal expiry date of the Agreement is 30 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd recently came before the Fair Work Commission, where the company sought approval for its Commercial Sector Enterprise Agreement 2014. This agreement aimed to establish the terms and conditions of employment for employees within the commercial sector of Downer EDI Engineering Power Pty Ltd. The matter involved the interplay between the proposed agreement and various aspects of the Fair Work Act 2009. The primary legal issues before the court were whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act, including the provisions related to minimum entitlements and the good faith bargaining process.

The court examined whether the proposed agreement met the statutory requirements for approval, including compliance with the Fair Work Act's provisions on minimum entitlements and good faith bargaining. The Fair Work Commission assessed the agreement's provisions against the legislative criteria, focusing on whether it provided for fair and reasonable terms that met or exceeded the minimum standards prescribed by the Act. Additionally, the court considered whether the agreement was the result of genuine and meaningful bargaining between the employer and the relevant employee representatives. The court's analysis included scrutiny of the bargaining process to ensure it adhered to the principles of good faith and mutual consultation.

In its decision, the Fair Work Commission found that the proposed agreement generally complied with the requirements of the Fair Work Act. The court determined that the agreement provided for fair and reasonable terms that met or exceeded the minimum standards prescribed by the Act. Furthermore, the Commission concluded that the bargaining process was genuine and that the agreement reflected the outcome of meaningful consultation between the parties. Consequently, the court approved the Downer EDI Engineering Power Pty Ltd Commercial Sector Enterprise Agreement 2014, recognising its compliance with the statutory framework and the principles of good faith bargaining. The approval of the agreement ensures that the terms and conditions of employment for the employees within the commercial sector are legally binding and reflect the outcome of a fair and transparent bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established