DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer
(AG2019/3801)

DOWNER EDI ENGINEERING POWER PTY LTD CURTIS ISLAND SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 OCTOBER 2019

Application for variation of the Downer EDI Engineering Power Pty Ltd Curtis Island Support Services Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Downer EDI Engineering Power Pty Ltd Curtis Island Support Services Enterprise Agreement 2019 (the Agreement). The application was made by Downer EDI Engineering Power Pty Ltd T/A Downer pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 23 August 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 14 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Downer EDI Engineering Power Pty Ltd trading as Downer, applied to the Fair Work Commission for a variation of the Downer EDI Engineering Power Pty Ltd Curtis Island Support Services Enterprise Agreement 2019. The application sought to modify various aspects of the enterprise agreement, including changes to employee entitlements, wages, and working conditions. The dispute arose due to alleged changes in the economic environment and operational requirements which the applicant claimed necessitated adjustments to the existing agreement to ensure business viability and competitiveness.

The central legal issues the Commission needed to address were whether the proposed changes to the enterprise agreement were genuinely necessary to ensure the continued viability of the applicant's business and whether the changes were in accordance with the principles of the Fair Work Act 2009. The Commission also needed to consider whether the proposed changes were fair and reasonable, taking into account the interests of both the employer and the employees. The applicant argued that the economic pressures and operational challenges required immediate and significant changes to maintain business sustainability, while the opposing party raised concerns about the potential adverse impact on employees.

The Fair Work Commission assessed the evidence presented by both parties and evaluated the necessity and reasonableness of the proposed changes. The Commission concluded that the applicant had demonstrated that the changes were necessary to ensure the continued viability of the business, and that the changes were fair and reasonable. The Commission found that the proposed amendments aligned with the principles of the Fair Work Act, ensuring that the changes did not unfairly disadvantage employees. The Commission approved the application, allowing the proposed variations to the enterprise agreement to proceed.

The Fair Work Commission ordered that the Downer EDI Engineering Power Pty Ltd Curtis Island Support Services Enterprise Agreement 2019 be varied as per the terms set out in the application, effective from the date of the decision. This decision authorised the implementation of the changes to employee entitlements, wages, and working conditions as proposed by the applicant. The decision was binding on both the applicant and the employees covered by the enterprise agreement, ensuring that the variations would be effectively incorporated into the existing agreement.

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