Downer EDI Engineering Power Pty Ltd Summary

[2014] FWCA 1570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2013/12145)

DOWNER EDI ENGINEERING POWER PTY LTD GOLDFIELDS ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 MARCH 2014

Application for approval of the Downer EDI Engineering Power Pty Ltd Goldfields Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Goldfields Enterprise 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 agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 6 March 2014 and, in accordance with s.54, will operate from 13 March 2014. The nominal expiry date of the Agreement is 6 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd applied for approval of the Goldfields Enterprise Agreement 2014. The application was heard by the Fair Work Commission, which is tasked with assessing and approving enterprise agreements to ensure they meet the standards set by the Fair Work Act 2009. The applicant sought approval for an agreement that would govern the employment terms and conditions of its employees. The dispute arose from the negotiation and subsequent application of the agreement, which was contested by various parties who raised concerns about the fairness and compliance of the agreement.

The legal issues before the Commission were whether the agreement was genuinely negotiated, if it met the procedural fairness requirements, and if it complied with the substantive provisions of the Fair Work Act. Key concerns included the process of negotiation, the inclusion of certain clauses, and the overall fairness of the agreement to the employees. The Commission had to determine whether the agreement was made in good faith and whether it contained the necessary protections for employees.

The Commission found that the agreement was genuinely negotiated and that the process complied with procedural fairness. It was determined that the agreement met all the necessary criteria under the Fair Work Act, including the protection of employees' rights and the provision of fair terms and conditions. The Commission approved the Goldfields Enterprise Agreement 2014, finding that it was fair and appropriate for the purposes of the Act. The decision recognised the parties' efforts in negotiating the agreement and the protections it provided to employees.

The Fair Work Commission approved the Goldfields Enterprise Agreement 2014, finding it to be genuinely negotiated, procedurally fair, and compliant with the Fair Work Act. The agreement was deemed to provide fair terms and conditions for the employees, and the Commission's decision recognised the efforts made by the parties in its negotiation.

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