Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure

[2013] FWCA 5878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure
(AG2013/8473)

DOWNER EDI ENGINEERING POWER PTY LTD WESTERN AUSTRALIA (WA) AUTOMATION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 AUGUST 2013

Application for approval of the Downer EDI Engineering Power Pty Ltd Western Australia (WA) Automation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd Western Australia (WA) Automation 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 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court was asked to approve the Downer EDI Engineering Power Pty Ltd Western Australia (WA) Automation Enterprise Agreement 2013. The Australian Manufacturing Workers' Union (AMWU) applied for the approval of the agreement. The company and the union reached an agreement on various terms and conditions of employment, which the union submitted for approval. The legal issues before the Court were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the process for reaching the agreement complied with the requirements of the Act.

The Court found that the agreement was made in good faith and for the purpose of establishing a unionised workplace. The Court also noted that the agreement included a dispute resolution process, which complied with the Act. The Court found that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse effect on the safety of employees. The Court concluded that the agreement met the criteria for approval under the Fair Work Act 2009 and was accordingly approved.

The Court also found that the process for reaching the agreement complied with the requirements of the Act. The Court found that the company and the union had engaged in good faith negotiations and that the agreement was the result of those negotiations. The Court concluded that the process for reaching the agreement was fair and reasonable and that the agreement was accordingly approved.

The Court approved the Downer EDI Engineering Power Pty Ltd Western Australia (WA) Automation Enterprise Agreement 2013. The Court found that the agreement met the criteria for approval under the Fair Work Act 2009 and that the process for reaching the agreement complied with the requirements of the Act. The Court noted that the agreement included a dispute resolution process, which complied with the Act, and that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse effect on the safety of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established