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

[2013] FWCA 4865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering Power
(AG2013/7026)

DOWNER EDI ENGINEERING POWER PTY LTD PORT HEDLAND BRANCH ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JULY 2013

Application for approval of the Downer EDI Engineering Power Pty Ltd Port Hedland Branch Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Port Hedland Branch Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Downer EDI Engineering Power Pty Ltd, sought approval for the Downer EDI Engineering Power Pty Ltd Port Hedland Branch Enterprise Agreement 2013. The dispute arose in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and making orders to regulate workplace relations. The key issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it contained a genuine bargain and did not include terms that were unfair or contrary to public policy.

The Commission examined the bargaining process and the terms of the proposed agreement. It considered whether the agreement was the product of genuine bargaining, free from coercion or undue influence, and whether it was negotiated in good faith. The Commission also assessed whether the terms of the agreement were fair and did not include provisions that were contrary to public policy or unfair. The applicants argued that the agreement was the result of genuine and good faith negotiations and that all terms were fair and reasonable. The Commission found that the bargaining process was genuine and that the agreement contained terms that were not unfair or contrary to public policy.

In reaching its decision, the Commission applied the criteria set out in the Fair Work Act, including the requirement that the agreement be a genuine bargain and not contain terms that were unfair or contrary to public policy. The Commission determined that the agreement met these criteria and approved it. The Commission also made an order for the agreement to be registered and to have effect from the date of the decision.

The Fair Work Commission approved the Downer EDI Engineering Power Pty Ltd Port Hedland Branch Enterprise Agreement 2013 and made an order for its registration.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established