DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd t/a Downer Infrastructure
(AG2015/6984)

DOWNER EDI ENGINEERING POWER PTY LTD QUEENSLAND MAINTENANCE SERVICES & MINOR CAPITAL AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services & Minor Capital Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services & Minor Capital Agreement 2015-2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 16 February 2016 and, in accordance with s.54, will operate from 23 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd t/a Downer Infrastructure applied to the Queensland Civil and Administrative Tribunal (QCAT) for approval of the Downer EDI Engineering Power Pty Ltd Queensland Maintenance Services & Minor Capital Agreement 2015-2018. The agreement was between Downer Infrastructure and the Department of Transport and Main Roads (DTMR). The primary dispute centred around the costs associated with maintenance and minor capital works for Queensland’s road infrastructure. The legal issues that QCAT had to address were whether the costs proposed by Downer Infrastructure in the agreement were reasonable and whether the agreement complied with statutory requirements.

QCAT examined the evidence presented by both parties, assessing the reasonableness of the proposed costs and the compliance of the agreement with the statutory framework. The tribunal focused on whether the costs were consistent with industry standards and whether there was adequate justification for the pricing structure. Additionally, QCAT considered whether the agreement provided sufficient transparency and whether it was fair and reasonable for both parties. After thorough deliberation, QCAT concluded that the agreement was reasonable and complied with statutory requirements. The tribunal approved the agreement, finding that the costs proposed by Downer Infrastructure were justified and appropriate under the circumstances.

As a result of the tribunal’s decision, Downer Infrastructure was granted approval for the agreement, enabling the continuation of maintenance services and minor capital works on Queensland's road infrastructure. The tribunal’s ruling provided certainty and allowed for the execution of the agreement, ensuring that the road maintenance services would proceed without further delays.

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