DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer
(AG2019/3946)

DOWNER WATER SERVICES NSW ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 28 OCTOBER 2019

Application for approval of the Downer Water Services NSW Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Downer Water Services NSW Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Downer EDI Engineering Power Pty Ltd T/A Downer.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2019. The nominal expiry date of the Agreement is 30 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd, trading as Downer, applied to the Fair Work Commission for approval of the Downer Water Services NSW Enterprise Agreement 2019. The application was contested by the Transport Workers Union of Australia. The primary dispute centred on the classification of certain employees under the proposed enterprise agreement and the subsequent implications for their remuneration and conditions of employment.

The legal issues that arose for the Commission's determination included whether the classification of employees as 'engineers' was appropriate and if the proposed terms of the agreement were fair and reasonable. The Commission needed to consider whether the classification reflected the nature of the work performed by the employees and whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission, in its decision, found that the classification of employees as 'engineers' was appropriate given the duties and responsibilities they undertook. The Commission determined that the proposed terms of the agreement were fair and reasonable, taking into account the nature of the work, the skills and qualifications of the employees, and the broader industry standards. The Commission approved the Downer Water Services NSW Enterprise Agreement 2019, finding that it met the criteria for approval under the Fair Work Act.

The Commission's final orders included the approval of the Downer Water Services NSW Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms.

Downer EDI Engineering Power Pty Ltd T/A Downer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established