Downer EDI Works Pty Ltd Summary

[2023] FWCA 507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd

(AG2023/137)

Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2022

Asphalt industry
DEPUTY PRESIDENT BELL	MELBOURNE, 17 FEBRUARY 2023

Application for approval of the Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2022 (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.

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 and 188 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 17 February 2023 and, in accordance with s.54 of the Act, will operate from 24 February 2023. The nominal expiry date of the Agreement is 16 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd applied to the Fair Work Commission for the approval of the Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2022. The applicant sought to enter into an enterprise agreement with the employees of Downer EDI Works Pty Ltd, who are represented by the Construction, Forestry, Maritime, Mining and Energy Union. The parties have reached an agreement on various terms and conditions of employment, and the applicant now seeks the Commission’s approval of this agreement.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including the procedural requirements for the negotiation and making of the agreement, and whether the agreement contained all the mandated terms and conditions of employment. The Commission considered the submissions of the parties and the relevant legislative provisions in making its decision.

The Commission found that the agreement was made in accordance with the procedural requirements of the Act, and that the agreement contained all the mandated terms and conditions of employment. The Commission also considered the impact of the agreement on the employees and found that it was in the best interests of the employees to approve the agreement. The Commission approved the Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2022, effective from the date of the approval.

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