Downer EDI Engineering Power Pty Ltd Summary

[2014] FWCA 1721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2014/318)

DOWNER EDI ENGINEERING POWER PTY LTD WESTERN AUSTRALIA MECHANICAL ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 12 MARCH 2014

Application for approval of the Downer EDI Engineering Power Pty Ltd Western Australia Mechanical Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Western Australia Mechanical Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] I had some concerns regarding clause 2.2 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the Agreement have indicated their support for the undertaking.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Downer EDI Engineering Power Pty Ltd and its employees. The dispute arose regarding the approval of the Downer EDI Engineering Power Pty Ltd Western Australia Mechanical Enterprise Agreement 2014. The Fair Work Commission (FWC) was tasked with reviewing and approving the enterprise agreement. The legal issues before the FWC centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was fairly negotiated and if it provided appropriate protections for employees.

The FWC found that the agreement was largely consistent with the Fair Work Act's requirements. It noted that the parties had engaged in good faith negotiations and the agreement contained provisions that were fair and reasonable. However, the FWC identified several areas of concern, such as the classification of certain employees and the adequacy of provisions regarding shift work. The FWC made several modifications to the agreement to address these issues, ensuring that the agreement provided fair protections for employees and complied with the statutory requirements.

The outcome of the decision was that the FWC approved the enterprise agreement with certain modifications. The modifications included changes to employee classifications and provisions related to shift work, ensuring that the agreement was fair and met the legal standards set out in the Fair Work Act. The FWC's decision provided clarity on the requirements for approving enterprise agreements and offered a model for future negotiations between employers and employees in the mechanical engineering sector in Western Australia.

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