DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure
(AG2016/636)

DOWNER EDI ENGINEERING POWER PTY LTD NSW CIVIL ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 MAY 2016

Application for approval of the Downer EDI Engineering Power Pty Ltd NSW Civil Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd NSW Civil 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/A Downer Infrastructure. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Mining and Energy Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2016. The nominal expiry date of the Agreement is 19 May 2018.

COMMISSIONER

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 trading as Downer Infrastructure, applied for the approval of the Downer EDI Engineering Power Pty Ltd NSW Civil Enterprise Agreement 2016. The applicant sought the approval of the agreement to ensure that it met the requirements under the Fair Work Act 2009. The Commission was required to determine if the agreement was in compliance with the legislative framework and if it provided for the fair and efficient resolution of workplace issues.

The primary legal issue before the Commission was whether the agreement satisfied the necessary criteria for approval as outlined in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained all the mandatory terms prescribed by the Act, provided for the resolution of workplace issues through a fair and efficient process, and did not discriminate against any group of employees. Furthermore, the Commission needed to assess if the agreement was made in good faith and whether it was likely to achieve the objectives of the Act, including promoting high levels of economic and social prosperity.

The Commission found that the agreement met all the statutory requirements for approval. It included all the mandatory terms and provided for a fair and efficient process for resolving workplace issues. The Commission also concluded that the agreement was made in good faith and would likely achieve the objectives of the Act. The agreement was found to be consistent with the principles of the Act and did not contain any discriminatory provisions. Therefore, the Commission approved the agreement, ensuring that it would now serve as a binding framework for the employment relationship between the applicant and its employees.

The Commission's final order was that the Downer EDI Engineering Power Pty Ltd NSW Civil Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. This approval ensures that the agreement will provide a fair and effective means of regulating the employment relationship, promoting harmonious industrial relations and contributing to the broader economic and social objectives of the Act.

Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established