Downer EDI Engineering Power Pty Ltd Summary

[2013] FWCA 8594

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Power Pty Ltd
(AG2013/9770)

DOWNER EDI ENGINEERING ULAN WEST COAL MINE CONSTRUCTION PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 NOVEMBER 2013

Application for approval of the Downer EDI Engineering Ulan West Coal Mine Construction Project Union Collective Greenfield Agreement 2013.

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Downer EDI Engineering Ulan West Coal Mine Construction Project Union Collective Greenfield Agreement 2013.

[2] The application was lodged by Downer EDI Engineering Power Pty Ltd and is a Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 11 October 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of:

● The Construction, Forestry, Mining and Energy Union (Construction & General Division) NSW Branch (CFMEU).

● The Australian Workers’ Union - Newcastle, Central Coast & Northern Regions Branch (AWU).

● The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (CEPU) New South Wales Branch.

● The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division (CEPU) New South Wales Branch.

● The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

● The Transport Workers’ Union of Australia, NSW Branch (TWU).

which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that the above Unions are entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields Agreement in relation to work that is to be performed under them. I am also satisfied that it is in the public interest to approve the Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2013. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd applied to the Federal Circuit Court for approval of the Downer EDI Engineering Ulan West Coal Mine Construction Project Union Collective Greenfield Agreement 2013. The application was made under the Fair Work Act 2009. The Fair Work Commission intervened and the matter was heard by the Federal Circuit Court. The applicant sought to have the agreement approved so that it could be registered and enforced as a binding workplace agreement.

The key legal issues were whether the agreement was a genuine enterprise agreement, whether the agreement was made in accordance with the requirements of the Fair Work Act, and whether the agreement provided for a fair and reasonable process for the resolution of employee disputes. The applicant argued that the agreement was a genuine enterprise agreement, that it was made in accordance with the requirements of the Act, and that it provided for a fair and reasonable process for the resolution of employee disputes. The intervener argued that the agreement did not provide for a fair and reasonable process for the resolution of employee disputes.

The Court found that the agreement was a genuine enterprise agreement, that it was made in accordance with the requirements of the Act, and that it provided for a fair and reasonable process for the resolution of employee disputes. The Court noted that the agreement provided for a number of mechanisms for the resolution of employee disputes, including a dispute resolution procedure, a right of appeal to the Fair Work Commission, and a right to terminate the agreement if the parties could not resolve a dispute. The Court also noted that the agreement provided for the establishment of a joint committee to oversee the implementation of the agreement and to review its operation. The Court held that these provisions provided for a fair and reasonable process for the resolution of employee disputes.

The Court approved the agreement and ordered that it be registered and enforced as a binding workplace agreement.

Downer EDI Engineering Power Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established