Downer EDI Engineering Power Pty Ltd Summary

[2014] FWCA 1697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2014/33)

DOWNER EDI ENGINEERING POWER PTY LTD YANDI SUSTAINING PROJECT AWU 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 AWU 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 AWU 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 Australian Workers’ Union, 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 case involves Downer EDI Engineering Power Pty Ltd, which sought approval for the Downer Edi Engineering Power Pty Ltd Yandi Sustaining Project AWU Greenfields Agreement 2013. This was a matter that came before the Fair Work Commission. The dispute centred around the approval of an enterprise agreement that would govern the terms and conditions of employment for workers involved in the Yandi Sustaining Project. The key legal issues that the Commission had to decide were whether the agreement met the requirements for approval under the Fair Work Act 2009, and whether the agreement was in the best interests of the employees it covered.

The Commission examined the provisions of the proposed agreement, including the terms and conditions of employment, to determine if they were consistent with the provisions of the Act. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriately negotiated. The Commission also assessed whether the agreement would result in employees being worse off overall than under the previous agreement, and whether the agreement met the 'better off overall test' as required by the Act. Ultimately, the Commission found that the agreement was fair and reasonable, and met the statutory requirements for approval.

Having considered the evidence and submissions, the Commission approved the Downer Edi Engineering Power Pty Ltd Yandi Sustaining Project AWU Greenfields Agreement 2013. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it was appropriately negotiated. The Commission was satisfied that the agreement would not result in employees being worse off overall, and that it met the 'better off overall test'. The Commission also found that the agreement was in the best interests of the employees it covered. As a result, the Commission approved the agreement, and it came into effect on the date specified in the agreement.

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