DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Work Pty Ltd
(AG2018/5777)

DOWNER TERALBA OPERATIONS AWU AGREEMENT 2018

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MARCH 2019

Application for approval of the Downer Teralba Operations AWU Agreement 2018.

[1] Downer EDI Work Pty Ltd has made an application for approval of an enterprise agreement known as the Downer Teralba Operations AWU Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 March 2019 and, in accordance with s.54, will operate from 22 March 2019. The nominal expiry date of the Agreement is 1 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Work Pty Ltd applied to the Fair Work Commission for approval of the Downer Teralba Operations AWU Agreement 2018. The respondent, Australian Workers' Union, did not oppose the application but raised concerns regarding the agreement's provisions on termination of employment and the treatment of casual employees. The matter was heard by the Commission, which needed to determine whether the agreement complied with the relevant legislative requirements and whether it met the standards of procedural and substantive fairness.

The primary legal issues before the Commission were whether the agreement's provisions on termination of employment and treatment of casual employees complied with the Fair Work Act 2009, and whether these provisions met the standards of procedural and substantive fairness. The Commission considered whether the agreement provided adequate protection for employees' rights and whether it had been negotiated in good faith. The Commission also examined whether the agreement contained appropriate dispute resolution mechanisms and whether it aligned with the principles of the Fair Work Act.

The Fair Work Commission found that the provisions of the agreement regarding termination of employment and the treatment of casual employees were consistent with the requirements of the Fair Work Act. The Commission determined that the agreement provided adequate protection for employees' rights and had been negotiated in good faith. The Commission was satisfied that the agreement contained appropriate dispute resolution mechanisms and aligned with the principles of the Fair Work Act. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the registration of the Downer Teralba Operations AWU Agreement 2018, finding that it met the legislative requirements and standards of procedural and substantive fairness. The agreement was registered with the Fair Work Commission, and the parties were bound by its terms. The decision provides clarity for employers and employees in the Downer Teralba Operations regarding the terms and conditions of employment under the agreement.

Downer EDI Work 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