DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering
(AG2016/6156)

DOWNER EDI ENGINEERING MAULES CREEK COAL MINE CONSTRUCTION PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	CANBERRA, 3 NOVEMBER 2016

Application for termination of the Downer EDI Engineering Maules Creek Coal Mine Construction Project Union Collective Greenfield Agreement 2014.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Downer EDI Engineering Maules Creek Coal Mine Construction Project Union Collective Greenfield Agreement 2014 (the Agreement). The application was made by Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I am also satisfied that it is appropriate to do so. In accordance with s.226 of the Act the Agreement is terminated. The termination operates from 3 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd, trading as Downer EDI Engineering, sought to terminate the Downer EDI Engineering Maules Creek Coal Mine Construction Project Union Collective Greenfield Agreement 2014. The application was brought before the Fair Work Commission, specifically in the case of Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering. The dispute centred around the application's validity and whether the necessary conditions for termination as outlined in the Fair Work Act 2009 had been met.

The legal issues before the court included whether the application for termination was procedurally valid, and if the requirements for terminating the agreement under section 233 of the Fair Work Act had been satisfied. Additionally, the court needed to determine if the proposed alternative agreement met the criteria for termination as specified in the legislation. The company argued that the agreement should be terminated to allow for more efficient operations and to address the changing economic conditions.

In its decision, the Fair Work Commission examined the procedural aspects of the application, confirming that it was properly filed and that the required notifications had been given. The Commission then assessed the substantive grounds for termination, considering the economic and operational challenges faced by the company. Ultimately, the Commission found that the application satisfied the statutory requirements for termination, and that the proposed alternative agreement was acceptable. Consequently, the Downer EDI Engineering Maules Creek Coal Mine Construction Project Union Collective Greenfield Agreement 2014 was terminated, with the new agreement coming into effect as specified in the orders.

Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established