[2016] FWCA 2210

The attached document replaces the document previously issued with the above code on 13 April 2016.

Included the name of the Agreement in the Subject Line

Brendan Pearce

Associate to Senior Deputy President Richards

Dated 14 April 2016

[2016] FWCA 2210

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 Engineering
(AG2016/603)

DOWNER EDI ENGINEERING POWER PTY LTD MT ISA & TOWNSVILLE REGION MECHANICAL ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 APRIL 2016

Application for approval of the Downer EDI Engineering Power Pty Ltd Mt Isa & Townsville Region Mechanical Enterprise Agreement 2016

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 March 2016 by Downer EDI Engineering Power Pty Ltd T/A Downer Engineering (“the Employer”) for the approval of a single-enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Mt Isa & Townsville Region Mechanical Enterprise Agreement 2016 (“the Agreement”).

[2] On 12 April 2016, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Downer EDI Engineering Power Pty Ltd, trading as Downer Engineering, the Fair Work Commission was asked to consider the approval of the Mt Isa & Townsville Region Mechanical Enterprise Agreement 2016. The application for approval was brought by Downer Engineering, with the Australian Manufacturing Workers' Union and the Australian Workers' Union being the key parties in the agreement. The nature of the dispute centred on whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it complied with the procedural requirements set forth in the Act. Additionally, the Commission needed to determine if the agreement contained the minimum terms and conditions mandated by the Act, including those related to wages, conditions of employment, and other employment-related matters.

The Fair Work Commission, after examining the evidence and submissions from the parties, concluded that the agreement was a genuine enterprise agreement that had been made in good faith and complied with the necessary procedural requirements. The Commission found that the agreement contained all the minimum terms and conditions required by the Act. It was determined that the agreement was fair and reasonable in all its aspects, considering the specific circumstances of the employees covered by the agreement. Consequently, the Commission approved the Mt Isa & Townsville Region Mechanical Enterprise Agreement 2016. The approval was granted on the basis that it provided for a fair and efficient workplace while also meeting the legal standards set out in the Fair Work Act 2009.

Downer EDI Engineering Power Pty Ltd T/A Downer Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established