Downer EDI Engineering Pty Ltd Summary

[2016] FWCA 1885

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Engineering Power Pty Ltd
(AG2016/616)
DOWNER EDI ENGINEERING POWER PTY LTD NSW
MECHANICAL ENTERPRISE AGREEMENT 2016
Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2016

Application for approval of the Downer EDI Engineering Power Pty Ltd NSW Mechanical

Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Downer EDI Engineering Power Pty Ltd NSW Mechanical Enterprise Agreement 2016 (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. The Agreement is a single

enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining

representative for the Agreement, has given notice under s.183 of the Act that it wants the

Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the

organisation.
[2016] FWCA 1885

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

5 April 2016. The nominal expiry date of the Agreement is 28 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Downer EDI Engineering Power Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement, the Downer EDI Engineering Power Pty Ltd NSW Mechanical Enterprise Agreement 2016, as required under the Fair Work Act 2009. The applicant, Downer EDI Engineering Power Pty Ltd, sought the approval of this agreement, which was intended to govern employment conditions for its mechanical employees in New South Wales. The Australian Manufacturing Workers’ Union (AMWU), also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, had indicated its desire for the agreement to cover its members.

The legal issues before the Commission centred on whether the application met the criteria for approval as outlined in sections 186, 187, and 188 of the Act, and if the agreement's terms adhered to the legislative requirements. Specifically, the Commission needed to determine if the agreement was made in good faith, if it had been properly negotiated, and if it complied with the Fair Work Act's provisions, including its coverage of the AMWU. Additionally, the Commission had to consider the prescribed model consultation term under the Fair Work Regulations 2009.

Upon reviewing the application and the agreement, the Commission found that all necessary requirements for approval had been met. The agreement was made in good faith, and it had been properly negotiated. The model consultation term was incorporated into the agreement as required. Furthermore, the agreement was set to cover the AMWU, aligning with the union's notification under section 183 of the Act. Therefore, the Commission approved the agreement, which was to operate from 5 April 2016 until 28 March 2018, barring any earlier termination in accordance with the Act.

The Commission's final order was that the Downer EDI Engineering Power Pty Ltd NSW Mechanical Enterprise Agreement 2016 would be approved and would become effective from 5 April 2016, with a nominal expiry date of 28 March 2018.

Downer EDI Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established