Downer EDI Engineering Power Pty Ltd

[2022] FWCA 530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd

(AG2022/78)

FAS Northern Region Agreement 2021

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 16 FEBRUARY 2022

Application for approval of the FAS Northern Region Agreement 2021.

An application has been made for approval of an enterprise agreement known as the FAS Northern Region Agreement 2021 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2022. The nominal expiry date of the Agreement is 15 February 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd recently appeared before the Federal Court of Australia in relation to an application for the approval of the FAS Northern Region Agreement 2021. This agreement pertains to the terms and conditions of employment for workers in the Northern Region of the company. The application was brought forth by the employer, Downer EDI Engineering Power Pty Ltd, seeking the Court's approval for the agreement under the Fair Work Act 2009.

The primary legal issue the Court had to address was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved examining the agreement's compliance with the Act's provisions, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely agreed upon by the employer and employees. The Court also needed to consider whether the agreement covered the necessary aspects, such as pay rates, hours of work, and leave entitlements.

The Court's reasoning focused on the thorough examination of the agreement's provisions and the evidence presented by both parties. The Court found that the agreement contained terms that were fair and reasonable, considering the specific circumstances of the Northern Region workforce. Additionally, the evidence suggested that the agreement had been genuinely negotiated and agreed upon by the employer and the employees. The Court concluded that the agreement met the necessary statutory requirements for approval under the Fair Work Act, and therefore granted the application for approval of the FAS Northern Region Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established