Downer EDI Engineering Power Pty Ltd

[2014] FWCA 1700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2014/31)

DOWNER EDI ENGINEERING POWER PTY LTD YANDI SUSTAINING PROJECT AMWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 MARCH 2014

Application for approval of the Downer EDI Engineering Power Pty Ltd Yandi Sustaining Project AMWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Yandi Sustaining Project AMWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Custom Resources & Recruitment Pty Ltd. The Agreement is a greenfields agreement.

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

[3] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The model consultation clause is taken to be a term of the Agreement.

[5] The Agreement was approved on 11 March 2014 and, in accordance with s.54, will operate from 18 March 2014. The nominal expiry date of the Agreement is 10 June 2015.

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 the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the approval of the Downer EDI Engineering Power Pty Ltd Yandi Sustaining Project AMWU Greenfields Agreement 2013. The matter was brought before the Fair Work Commission (FWC), which had to decide whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the FWC was whether the agreement provided genuine benefits to the employees covered by it. Additionally, the FWC needed to determine if the agreement was negotiated in good faith, and if it provided for proper protections for employees' rights and conditions. The FWC had to examine the agreement's provisions to ensure they did not undermine the fundamental protections set out in the National Employment Standards (NES) or the applicable award.

The FWC determined that the agreement provided genuine benefits to the employees, as it contained provisions that went beyond the minimum entitlements set out in the NES and the applicable award. The FWC also found that the agreement had been negotiated in good faith, with both parties demonstrating a willingness to compromise and reach a fair and equitable outcome. The FWC concluded that the agreement provided adequate protections for employees' rights and conditions, and did not undermine the fundamental protections available under the NES or the award. Therefore, the FWC approved the Downer EDI Engineering Power Pty Ltd Yandi Sustaining Project AMWU Greenfields Agreement 2013.

In summary, the FWC approved the agreement as it provided genuine benefits to employees, was negotiated in good faith, and provided adequate protections for employees' rights and conditions. The FWC's decision was based on a thorough examination of the agreement's provisions and a consideration of the relevant legal criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established