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

[2013] FWCA 8521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering Power
(AG2013/9716)

ALCOA OPERATIONS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 OCTOBER 2013

Application for approval of the Alcoa Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alcoa Operations Enterprise Agreement 2013 (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/A Downer EDI Engineering Power. The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 November 2013. The nominal expiry date of the Agreement is 6 May 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Downer EDI Engineering Power Pty Ltd, trading as Downer EDI Engineering Power, to have the Alcoa Operations Enterprise Agreement 2013 approved under section 233 of the Fair Work Act 2009. The dispute centred on the agreement's provisions, which were intended to apply to employees within the company's operations at the Alcoa Point Henry and Portland sites. The application was contested by the Australian Manufacturing Workers' Union, which represented certain employees within the company.

The legal issues before the court required consideration of whether the agreement met the requirements of the Fair Work Act, specifically whether it was a "better off overall test" (BOOT) agreement, and if it complied with the relevant provisions of the Act, including those related to employee representation and dispute resolution mechanisms. Additionally, the court had to determine whether the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

The Fair Work Commission found that the agreement was a BOOT agreement, as it provided employees with improved terms and conditions compared to their previous agreements. The court further determined that the agreement complied with the relevant sections of the Fair Work Act, including those concerning employee representation and dispute resolution. The commission considered the evidence presented by both parties, the nature of the agreement, and the overall fairness and reasonableness of the provisions. Ultimately, the court approved the agreement, finding that it met the statutory requirements and was fair and reasonable.

As a result of the court's decision, the Alcoa Operations Enterprise Agreement 2013 was approved and certified under the Fair Work Act. This decision provided legal certainty for the employer and employees involved, ensuring that the agreement's terms and conditions would govern their industrial relationship moving forward.

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