DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering
(AG2016/7193)

DOWNER EDI ENGINEERING POWER PTY LTD BOTANY INDUSTRIAL PARK ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2017

Application for approval of the Downer EDI Engineering Power Pty Ltd Botany Industrial Park Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Botany Industrial Park 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 EDI Engineering. 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 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) 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 16 January 2017. The nominal expiry date of the Agreement is 8 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering applied to the Fair Work Commission for approval of the Downer EDI Engineering Power Pty Ltd Botany Industrial Park Enterprise Agreement 2016. The application was made under section 234 of the Fair Work Act 2009. The dispute arose from the negotiations between the employer and the union, which led to the creation of the enterprise agreement. The primary issue before the court was whether the agreement met the legal requirements for approval under the Fair Work Act. This included assessing if the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and if the agreement had been fairly negotiated.

The court examined the process through which the agreement was negotiated and whether it complied with the statutory requirements for good faith bargaining. Additionally, the court considered if the agreement provided for the minimum entitlements as stipulated by the Fair Work Act and if the agreement was free from any unlawful provisions. The court also had to determine if the agreement was fair and reasonable in its terms and whether it provided for an appropriate balance of rights and obligations between the employer and the employees.

The court found that the agreement was made in good faith, contained all the necessary minimum terms and conditions, and was fairly negotiated. The court noted that the agreement provided for fair and reasonable terms that balanced the rights and obligations of both parties. The court was satisfied that the agreement did not contain any unlawful provisions and met all the legal criteria for approval. Consequently, the court approved the Downer EDI Engineering Power Pty Ltd Botany Industrial Park Enterprise Agreement 2016, allowing it to come into effect as a legally binding agreement between the employer and the employees.

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