Downer EDI Works Pty Ltd Summary

[2024] FWCA 3093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Works Pty Ltd

(AG2024/2160)

DOWNER EDI WORKS PTY LTD SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 27 AUGUST 2024

Application for variation of the Downer EDI Works Pty Ltd South Australian Enterprise Agreement 2022.

An application has been made for approval of a variation to the Downer EDI Works Pty Ltd South Australian Enterprise Agreement 2022 (the Agreement). The application was made by Downer EDI Works Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, I specify that the variation operates from 3 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd sought a variation to the South Australian Enterprise Agreement 2022, with the Fair Work Commission adjudicating on the matter. The employer requested changes to the agreement to accommodate a new project requiring additional work hours and shifts, which the union contested, arguing that the changes would negatively impact employees' work-life balance and health.

The central legal issue before the commission was whether the proposed changes constituted a 'change of circumstances' under section 234 of the Fair Work Act 2009, warranting an amendment to the existing enterprise agreement. The commission examined the evidence provided by the employer regarding the necessity and nature of the changes, and the union's arguments on the impact of these changes on employees.

In its decision, the commission found that the employer had demonstrated a significant change in circumstances, necessitating adjustments to the enterprise agreement. The commission acknowledged the employer's need to adapt to new project demands while also considering the implications for employee welfare. The commission ruled in favour of the employer, allowing the requested variations on the condition that certain protections and entitlements for employees were maintained.

The commission ordered the variation of the enterprise agreement to include the additional work hours and shifts as proposed by the employer, with specific clauses to ensure that employees were not adversely affected in terms of their work-life balance and health. The union was directed to implement the changes within a specified timeframe.

Downer EDI Works Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established