Downer EDI Engineering Power Pty Ltd T/A Downer

[2013] FWCA 3812

[2013] FWCA 3812

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Power Pty Ltd T/A Downer
(AG2013/1143)

DOWNER EDI ENGINEERING POWER PTY LTD MECHANICAL ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 14 JUNE 2013

Application for approval of the Downer EDI Engineering Power Pty Ltd Mechanical Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Mechanical Enterprise Agreement 2013-2015 (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 Commission listed a conference for 3 June 2013 with the Applicant and the bargaining representative, being the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU), to discuss the Commission’s concerns with respect to the coverage and scope of the Agreement, however, only the Applicant attended the conference. As a result of the Commission’s concerns raised at the conference, the employer has provided undertakings that the Agreement only applies to mechanical trade employees, mechanical trade assistant employees and mechanical apprentices engaged to perform mechanical works as provided for in Appendix A of the Agreement, despite the reference to a wider application in subclause 2.2(a)(iii)(A).

[3] The undertakings provided are said by the employer and the AMWU to reflect its current practice and intent of the parties.

[4] The undertakings are not so substantial that if asked to vote again the employees would not approve the Agreement. I am therefore satisfied that the undertakings do not result in substantial change to the Agreement as per s.190(3)(b) of the Act.

[5] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[6] As a result of the undertakings provided by the Employer, the Agreement covers mechanical trade employees, mechanical trade assistant employees and mechanical apprentices engaged to perform mechanical works as provided for in Appendix A of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The AMWU 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) I note that the Agreement covers this organisation.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 21 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Annexure A

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