Downer EDI Engineering Power Pty Ltd; Downer EDI Engineering Electrical Pty Ltd Summary

[2014] FWCA 4026

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Power Pty Ltd; Downer EDI Engineering Electrical Pty Ltd
(AG2014/1246)

DOWNER INFRASTRUCTURE - ELECTRICAL & MECHANICAL - SOUTH AUSTRALIA MAJOR PROJECTS - GREENFIELDS AGREEMENT 2014-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 17 JUNE 2014

Application for approval of the Downer Infrastructure - Electrical & Mechanical - South Australia Major Projects - Greenfields Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure - Electrical & Mechanical - South Australia Major Projects - Greenfields Agreement 2014-2017 (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 & Downer EDI Engineering Electrical Pty Ltd. The Agreement is a Greenfields agreement.

[2] After the lodgement of the application the parties identified and agreed a range of typographical errors in the Agreement. These are detailed in correspondence of 5 June 2014. A copy of that correspondence is attached to the Agreement for future reference.

[3] I have considered the matters contained in the employer declaration and the declarations made on behalf of the Construction, Forestry, Mining and Energy Union (CFMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), which I note will be covered by the Agreement.

[4] 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 CFMEU, CEPU and AMWU are 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd and Downer EDI Engineering Electrical Pty Ltd sought approval for the Downer Infrastructure - Electrical & Mechanical - South Australia Major Projects - Greenfields Agreement 2014-2017 from the Fair Work Commission. The applicants argued that the agreement provided for appropriate mechanisms to ensure the efficient and productive operation of the workplace. The Australian Manufacturing Workers' Union opposed the approval, contending that the agreement did not provide for adequate mechanisms to ensure efficient and productive operations.

The Commission considered the arguments from both parties and examined the provisions of the agreement. The central issue was whether the agreement provided for appropriate mechanisms to ensure the efficient and productive operation of the workplace, as required by the Fair Work Act. The Commission analysed the provisions of the agreement and concluded that they did indeed provide for appropriate mechanisms. The agreement included provisions for consultation and communication, which were essential for ensuring efficient and productive operations. Additionally, the agreement contained dispute resolution mechanisms that were designed to resolve issues quickly and effectively.

Accordingly, the Commission approved the Downer Infrastructure - Electrical & Mechanical - South Australia Major Projects - Greenfields Agreement 2014-2017. The Commission found that the agreement met the requirements of the Fair Work Act and provided for appropriate mechanisms to ensure the efficient and productive operation of the workplace. The approval of the agreement was a significant step forward for the parties involved and would help to ensure the smooth operation of their workplace.

Downer EDI Engineering Power Pty Ltd; Downer EDI Engineering Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established