Downer EDI Works Pty Ltd

[2024] FWCA 2412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 – Enterprise Agreement

Downer EDI Works Pty Ltd

(AG2024/2216)

DOWNER WATER & PIPELINES REHABILITATION ENTERPRISE AGREEMENT 2024 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 28 JUNE 2024

Application for approval of the Downer Water & Pipelines Rehabilitation Enterprise Agreement 2024 – 2026.

An application has been made for approval of an enterprise agreement known as the Downer Water & Pipelines Rehabilitation Enterprise Agreement 2024 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Downer EDI Works Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 23 May 2023 and the Agreement was made on 5 June 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU), 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.

The Agreement was approved on 28 June 2024 and, in accordance with s.54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 18 January 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Works Pty Ltd sought approval of the Downer Water & Pipelines Rehabilitation Enterprise Agreement 2024 – 2026. The dispute involved the terms of the proposed agreement between the company and its employees. The legal issues before the court centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the mandated minimum terms, if it was fairly negotiated, and if it was in the best interest of the employees.

The court examined the fairness of the negotiation process and the content of the agreement. It considered submissions from both parties and relevant legislative provisions. The court found that the agreement was fairly negotiated and contained all the required minimum terms. Furthermore, it was determined that the agreement was in the best interests of the employees. The court was satisfied that the agreement provided reasonable terms and conditions for the employees, taking into account the nature of the work and the parties' bargaining positions.

Consequently, the court approved the Downer Water & Pipelines Rehabilitation Enterprise Agreement 2024 – 2026. This decision was based on the comprehensive evidence presented, demonstrating that the agreement met all the legal requirements and was fair and reasonable for the employees. The final orders confirmed the approval of the agreement, which will now govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established