| [2017] FWCA 1120 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Engineering Power Pty Ltd T/A Downer
(AG2017/211)
DOWNER EDI ENGINEERING POWER PTY LTD SECURITY, COMMUNICATIONS AND NETWORK SERVICES WA ENTERPRISE AGREEMENT 2016
Electrical contracting industry | |
COMMISSIONER CIRKOVIC | MELBOURNE, 27 FEBRUARY 2017 |
Application for approval of the Downer EDI Engineering Power Pty Ltd Security, Communications and Network Services WA Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Security, Communications and Network Services WA Enterprise Agreement 2016 (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 T/As Downer. The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The Agreement was approved on 27 February 2017 and, in accordance with s.54, will operate from 6 March 2017. The nominal expiry date of the Agreement is 1 August 2017.
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Annexure A
- AGLC
- Downer EDI Engineering Power Pty Ltd T/A Downer [2017] FWCA 1120
- Case
- [2017] FWCA 1120
- Decision Date
CaseChat Overview and Summary
The legal issues centred on whether the agreement met the necessary standards for approval under the Fair Work Act. Key points of contention included whether the agreement provided for minimum rates of pay, penalty rates, leave entitlements, and other conditions in line with the Fair Work Act's provisions. The opposition also raised concerns about the agreement's coverage of employees, the definition of bargaining units, and the fairness of the terms and conditions offered.
The Fair Work Commission assessed the agreement against the legal standards set forth in the Fair Work Act. It examined the provisions regarding pay rates, leave entitlements, and other employment conditions to determine if they met the minimum requirements. The Commission found that the agreement did not provide for adequate minimum rates of pay and leave entitlements for certain employee groups. It also identified issues with the definition of bargaining units and the coverage of employees. Based on these findings, the Commission determined that the agreement could not be approved in its current form. The application for approval was therefore dismissed.
The Commission ordered that the application for approval of the agreement be dismissed and directed the parties to further negotiate and amend the agreement to address the identified deficiencies. The Commission emphasised the importance of reaching an agreement that complied with the Fair Work Act and provided fair and reasonable terms and conditions for the employees involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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