DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure
(AG2015/552)

DOWNER EDI ENGINEERING POWER PLY LTD PORT HEDLAND BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 APRIL 2015

Application for approval of the Downer EDI Engineering Power Ply Ltd Port Hedland Branch Mechanical Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Ply Ltd Port Hedland Branch Mechanical Enterprise Agreement 2015 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 2 April 2015 and, in accordance with s.54, will operate from 9 April 2015. The nominal expiry date of the Agreement is 1 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure, the Fair Work Commission was called upon to assess the application for the approval of the Downer EDI Engineering Power Pty Ltd Port Hedland Branch Mechanical Enterprise Agreement 2015. The dispute arose from negotiations between the employer and the union representing the employees, leading to the submission of this agreement for endorsement under the Fair Work Act 2009. The key issues before the Commission included whether the agreement met the formal requirements for approval and whether it provided for fair and reasonable terms and conditions of employment.

The Commission first examined whether the agreement complied with the procedural requirements stipulated by the Fair Work Act. This included verifying the presence of genuine bargaining, the representation of the employees by an appropriate bargaining representative, and the proper execution of the agreement by authorised signatories. Additionally, the Commission evaluated the content of the agreement to ensure it provided for fair and reasonable terms and conditions, considering factors such as the nature of the work, the employees' skills, and the economic circumstances of the parties involved.

Upon review, the Commission determined that the agreement satisfied the formal requirements for approval and contained terms and conditions that were fair and reasonable. The agreement was found to be the product of genuine negotiations, duly signed by the authorised representatives, and met the substantive fairness criteria. Consequently, the Commission approved the application, endorsing the agreement as a valid and binding instrument between Downer EDI Engineering Power Pty Ltd and the union representing the employees.

The final orders of the Commission included the approval of the Downer EDI Engineering Power Pty Ltd Port Hedland Branch Mechanical Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, thereby becoming a registered agreement under the Fair Work Act. The Commission's endorsement finalised the dispute, providing a clear framework for the employment terms and conditions moving forward.

Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established