DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Engineering Pty Ltd
(AG2015/1222)

DOWNER ENGINEERING PTY LTD SUSTAINING PROJECT & SERVICES WORKS QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 MAY 2015

Application for approval of the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2015-2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 May 2015 by Downer EDI Engineering Pty Ltd for the approval of a single-enterprise agreement known as the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2015-2018(“the 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2015-2018. The applicant, Downer EDI Engineering Pty Ltd, sought the agreement's approval as a modern award, which would make it binding on its employees. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wages, working hours, and other employment-related matters.

The central legal issues the commission had to address were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009 and whether it provided for a fair and efficient workplace. The commission examined the negotiation process, the fairness of the terms, and whether the agreement complied with the legal requirements for a modern award. It was also necessary to determine if the agreement was in the best interests of the employees and the broader community.

The Fair Work Commission found that the agreement was sufficiently negotiated and met the necessary criteria for approval. The commission was satisfied that the proposed terms were fair and reasonable, and it provided for an efficient workplace. The commission noted that the negotiation process was conducted in good faith, and the agreement was in the best interests of the employees and the broader community. Consequently, the commission approved the Downer Engineering Pty Ltd Sustaining Project & Services Works Queensland Enterprise Agreement 2015-2018 as a modern award. This decision ensures that the employees will be covered by the terms and conditions of the agreement, providing them with a fair and efficient workplace.

Downer EDI Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established