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

[2022] FWCA 4575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/5234)

Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services and Minor Capital Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 22 DECEMBER 2022

Application for approval of the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services and Minor Capital Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services and Minor Capital Enterprise Agreement 2022 (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 (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers Union (AWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) have lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, CEPU, AMWU and CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Downer EDI Engineering Power Pty Ltd, sought approval for the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services and Minor Capital Enterprise Agreement 2022. This was between the applicant and its employees represented by the Electrical Trades Union of Australia. The primary dispute centred on the terms and conditions of the proposed agreement, including issues related to wages, working hours, and other employment conditions.

The legal issues before the Commission involved assessing whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT). This test required that employees be no worse off financially and have improved conditions compared to their previous agreement. Additionally, the Commission had to determine if the agreement adhered to the "good faith" requirement and was made without coercion, ensuring it was a genuine product of negotiations.

The Fair Work Commission found that the proposed agreement met the BOOT, providing employees with better overall conditions and financial benefits. The Commission concluded that the agreement was made in good faith and without coercion, satisfying all statutory requirements. Consequently, the Commission approved the agreement, noting the improvements it brought to the employees' working conditions and financial status.

The Commission issued an order approving the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services and Minor Capital Enterprise Agreement 2022, effective from the date of the decision. The approval ensures that the terms and conditions set out in the agreement are binding on the parties from that date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established