DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer
(AG2017/2793)

DOWNER EDI ENGINEERING POWER PTY LTD SYDNEY SERVICE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 31 JULY 2017

Application for variation of the Downer EDI Engineering Power Pty Ltd Sydney Services Enterprise Agreement 2016.

[1] An application has been made for variation of the Downer EDI Engineering Power Pty Ltd Sydney Services Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Electrical Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Richard Pegg, GM – HR Projects of the Employer.

[3] The variation can be found at Annexure A of this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 31 July 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Downer EDI Engineering Power Pty Ltd T/A Downer to vary the Sydney Services Enterprise Agreement 2016. The dispute centred on the terms of the agreement, specifically those relating to employee entitlements and conditions. The Fair Work Commission heard the application and was tasked with determining whether the proposed variations were justifiable under the relevant legislative framework.

The legal issues before the Commission included whether the proposed variations to the Enterprise Agreement were consistent with the principles of procedural fairness, and whether they were necessary to address the changing economic and operational conditions faced by the company. The Commission also had to consider whether the changes would adversely affect the employees' rights and entitlements, and if the application of the variations was in line with the overarching objectives of the Fair Work Act.

The Fair Work Commission found that the proposed variations were procedurally fair and aligned with the principles of good faith bargaining. The Commission determined that the changes were necessary to address the company's financial and operational challenges, and that they did not unjustifiably diminish the employees' rights and entitlements. The Commission emphasised that the variations were not intended to undermine the employees' protections but were a response to the evolving business environment. Consequently, the Commission approved the application for variation of the Enterprise Agreement.

The Fair Work Commission ordered that the Sydney Services Enterprise Agreement 2016 be varied as per the terms set out in Downer EDI Engineering Power Pty Ltd T/A Downer's application. The variations were to come into effect from the date specified in the application, and the Commission directed both parties to take all necessary steps to implement the changes in accordance with the decision.

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