Downer EDI Engineering Pty Ltd

[2014] FWCA 3915

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Pty Ltd
(AG2014/1013)

DOWNER INFRASTRUCTURE BP REFINERY (BULWER ISLAND) ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 JUNE 2014

Application for approval of the Downer Infrastructure BP Refinery (Bulwer Island) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure BP Refinery (Bulwer Island) Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 2 May 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Pty Ltd sought approval for the Downer Infrastructure BP Refinery (Bulwer Island) Enterprise Agreement 2013-2016, a dispute that was adjudicated in the Fair Work Commission (FWC). The agreement was proposed to govern the employment conditions of Downer's workers at the BP Refinery on Bulwer Island, and the application was made under the Fair Work Act 2009.

The central legal issues the Commission had to address involved whether the proposed agreement met the requirements for being a 'better off overall test' (BOOT) agreement, as mandated by the Fair Work Act. The FWC had to determine if the agreement provided employees with conditions at least as favourable as the applicable awards or modern awards, and whether it included provisions that were genuinely for the benefit of the employees.

The Commission meticulously examined the terms of the agreement, comparing them with the relevant awards and considering the impact on the employees. It found that the agreement did indeed meet the BOOT criteria, as it provided employees with conditions that were at least as good as, and in some cases better than, those stipulated in the applicable awards. Furthermore, the FWC was satisfied that the provisions were genuinely for the benefit of the employees, covering aspects such as remuneration, leave entitlements, and dispute resolution mechanisms.

As a result of its findings, the FWC approved the Downer Infrastructure BP Refinery (Bulwer Island) Enterprise Agreement 2013-2016. The decision underscored the importance of ensuring that enterprise agreements provide a genuine benefit to employees, thereby upholding the principles of fairness and balance in employment relations as set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established