Downer EDI Engineering Power Pty Ltd

[2014] FWCA 4866

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Power Pty Ltd
(AG2014/1764)

DOWNER INFRASTRUCTURE CENTRAL QUEENSLAND REGIONAL AREA ENTERPRISE AGREEMENT, 2014 - 2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JULY 2014

Application for approval of the Downer Infrastructure Central Queensland Regional Area Enterprise Agreement, 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Central Queensland Regional Area Enterprise Agreement, 2014 - 2017 (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, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being 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), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Downer Infrastructure Central Queensland Regional Area Enterprise Agreement, 2014-2017. The application was brought before the Fair Work Commission by Downer EDI Engineering Power Pty Ltd, the employer, and the Electrical Trades Union of Australia, representing the employees. The agreement aimed to establish the terms and conditions of employment for the employees within the specified period.

The legal issues before the Commission revolved around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account various factors such as minimum rates of pay, penalty rates, and other entitlements. Additionally, the Commission needed to ensure that the agreement was free from any prohibited content, such as terms that discriminated against certain groups of employees.

In its decision, the Fair Work Commission carefully examined the provisions of the proposed enterprise agreement and compared them against the statutory requirements. The Commission found that the agreement contained terms that were fair and reasonable, providing for adequate rates of pay and other entitlements. The Commission also determined that the agreement did not contain any prohibited content and was therefore compliant with the law. Consequently, the Commission approved the Downer Infrastructure Central Queensland Regional Area Enterprise Agreement, 2014-2017.

The Fair Work Commission's approval of the enterprise agreement means that the terms and conditions set out in the agreement are now binding on the employees and the employer. This decision ensures that the employees covered by the agreement will receive fair and reasonable terms and conditions of employment, while also providing certainty and stability to the employer in managing its workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established