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

[2013] FWCA 2408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure
(AG2013/641)

DOWNER EDI ENGINEERING POWER PTY LTD SHUTDOWN AND SITE SERVICES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 APRIL 2013

Application for approval of the Downer EDI Engineering Power Pty Ltd Shutdown and Site Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Shutdown and Site Services 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 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 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Downer EDI Engineering Power Pty Ltd trading as Downer Infrastructure, applied to the Fair Work Commission for approval of the Downer EDI Engineering Power Pty Ltd Shutdown and Site Services Enterprise Agreement 2013. The applicant sought to have the agreement approved as a low-paid industry agreement. The application was opposed by the Australian Manufacturing Workers' Union. The nature of the dispute centred on whether the agreement met the statutory criteria for approval as a low-paid industry agreement, particularly concerning the coverage of employees and the fairness of the terms and conditions.

The court had to determine whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it provided for a fair and efficient workplace. Additionally, the court examined if the agreement covered a sufficient number of employees to be considered a low-paid industry agreement and whether the terms and conditions were fair and reasonable. The court needed to balance the interests of the employees, the employer, and the broader industrial relations system in its decision.

The court found that the agreement was genuinely an enterprise agreement and was made in good faith. The court also concluded that the agreement covered a sufficient number of employees to be considered a low-paid industry agreement. The terms and conditions of the agreement were deemed fair and reasonable, taking into account the nature of the industry and the specific circumstances of the employees. The court approved the agreement as a low-paid industry agreement, considering it to be in the best interest of the employees and the overall industrial relations system. The final orders included the approval of the agreement as a low-paid industry agreement.

Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established