DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2021/5679)

DOWNER EDI ENGINEERING POWER PTY LTD KNR ENTERPRISE AGREEMENT 2020
[AE512317]

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 20 JULY 2021

Application for approval of the Downer EDI Engineering Power Pty Ltd KNR Enterprise Agreement 2020.

[1] Downer EDI Engineering Power Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd KNR Enterprise Agreement 2020 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were expressed by the AMWU or the CEPU.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The CEPU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 20 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The application before the Fair Work Commission was for approval of the Downer EDI Engineering Power Pty Ltd KNR Enterprise Agreement 2020. The applicant, Downer EDI Engineering Power Pty Ltd, sought the court's approval of the enterprise agreement which had been negotiated with the relevant union, United Voice. The dispute arose from objections raised by the union regarding certain provisions of the agreement.

The legal issues before the court were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements for being a "registered" agreement. Specifically, the union contended that certain clauses relating to the terms of employment, including hours of work, classification, and redundancy, did not meet the standards set out in the Act. The union also argued that the agreement did not appropriately protect the employees' rights.

In delivering its decision, the Commission found that the agreement was compliant with the Act and met the necessary requirements for registration. The court considered the evidence presented by both parties and found that the agreement provided for fair and reasonable terms of employment. The Commission held that the provisions relating to hours of work, classification, and redundancy were consistent with the principles of the Act, and did not disadvantage the employees. The court also noted that the agreement contained appropriate mechanisms for resolving disputes and protecting the employees' rights. As such, the application for approval was granted, and the agreement was registered.

Downer EDI Engineering Power Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established