Downer EDI Engineering Pty Ltd

[2014] FWCA 4115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Pty Ltd
(AG2014/1283)

DOWNER EDI ENGINEERING CONTRACT CALL CENTRES AGREEMENT 2013-2016

Contract call centre industry
COMMISSIONER ROBERTS	SYDNEY, 20 JUNE 2014

Application for approval of the Downer EDI Engineering Contract Call Centres Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Contract Call Centres Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Downer EDI Engineering Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 19 June 2014 an undertaking was provided by Mr R Pegg, the Company’s General Manager - Human Resources, in relation to clause 8 (Dispute Resolution Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Downer EDI Engineering Pty Ltd applied to the Fair Work Commission for the approval of the Downer EDI Engineering Contract Call Centres Agreement 2013 - 2016. The application was made under the Fair Work Act 2009, and the agreement sought to cover workers employed by Downer EDI Engineering who worked at contract call centres. The dispute centred on the fairness and validity of the proposed agreement, particularly concerning the terms and conditions of employment for the affected workers.

The central legal issues before the Commission were whether the agreement was fair and reasonable, and whether it complied with the statutory requirements set out in the Fair Work Act. The Commission needed to determine if the agreement provided for appropriate wage rates, conditions, and protections for the employees working in the contract call centres. The applicant argued that the agreement was fair and reasonable, while no other party contested its approval.

The Fair Work Commission considered various factors in its decision, including the terms of the proposed agreement, submissions from the parties, and relevant industry benchmarks. The Commission found that the agreement provided for fair and reasonable terms and conditions, and it complied with the statutory requirements. The Commission was satisfied that the agreement adequately protected the rights and interests of the employees in the contract call centres. Consequently, the Commission approved the Downer EDI Engineering Contract Call Centres Agreement 2013 - 2016.

As a result of the Commission's decision, the agreement was approved and will apply to the employees working in the contract call centres. The approval ensures that the workers will receive fair compensation and conditions in line with the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established