Downer EDI Engineering Power Pty Ltd Summary

[2014] FWCA 4667

The attached document replaces the document previously issued with the above code on 14 July 2014.

The word ‘power’ is removed from the name of the agreement found in the subject line and paragraph 1 of the decision.

Mark Evans

Relief Associate to Commissioner Riordan

Dated 17 July 2014

[2014] FWCA 4667

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Power Pty Ltd
(AG2014/1457)

DOWNER EDI ENGINEERING MAULES CREEK COAL MINE CONSTRUCTION PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 JULY 2014

Application for approval of the Downer EDI Engineering Maules Creek Coal Mine Construction Project Union Collective Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Maules Creek Coal Mine Construction Project Union Collective Greenfield 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 applicant). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union, the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction Forestry Mining Energy Union have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Downer EDI Engineering Power Pty Ltd, sought approval for a union collective greenfield agreement concerning the Maules Creek Coal Mine Construction Project. The Fair Work Commission was tasked with determining whether the proposed agreement was in the best interests of the workers involved. This determination hinged on whether the agreement would provide a fair and efficient framework for the project's workers. The commission's decision was influenced by the need to balance the rights and interests of the workers, the applicant, and the broader industry.

The key legal issues before the commission involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly sections concerning the protection of workers' rights and the promotion of efficient and productive workplaces. The commission had to consider whether the agreement provided adequate safeguards for workers' rights and whether it facilitated an efficient and productive work environment. Furthermore, the commission needed to assess whether the agreement was likely to be accepted by the workers and if it was fair and reasonable in the circumstances.

The commission concluded that the proposed agreement was in the best interests of the workers, as it provided a fair and efficient framework for the project's workers. The commission found that the agreement met the statutory requirements under the Fair Work Act 2009 and provided adequate safeguards for workers' rights. Additionally, the commission determined that the agreement was likely to be accepted by the workers and was fair and reasonable in the circumstances. The commission approved the union collective greenfield agreement, allowing the Maules Creek Coal Mine Construction Project to proceed under the terms of the agreement.

The commission's final order was the approval of the Downer EDI Engineering Maules Creek Coal Mine Construction Project Union Collective Greenfield Agreement 2014. This approval enabled the project to move forward with the agreed-upon terms, providing a fair and efficient framework for the workers involved. The decision underscored the importance of balancing the rights and interests of workers, employers, and the broader industry in the context of union collective agreements.

Downer EDI Engineering Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established