Downer EDI Works Pty Ltd Summary

[2022] FWCA 4210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd

(AG2022/4701)

Downer (Forbes/Narrandera Area) Enterprise Agreement 2022

Asphalt industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 NOVEMBER 2022

Application for approval of the Downer (Forbes/Narrandera Area) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Downer (Forbes/Narrandera Area) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Works Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 24 November 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Asphalt Industry Award 2020 & Building and Construction General On-Site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2022. The nominal expiry date of the Agreement is 30 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Works Pty Ltd applied to the Fair Work Commission for approval of the Downer (Forbes/Narrandera Area) Enterprise Agreement 2022. The applicant sought to have the agreement, which aimed to regulate the terms and conditions of employment for workers in the Forbes and Narrandera areas, formally approved. The application came before the Commission following the conclusion of a negotiation process.

The primary legal issues the Commission had to address involved whether the agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for the terms and conditions of employment, ensured that the workers' rights and protections were not adversely affected, and whether the agreement was made in good faith and without coercion. Additionally, the Commission considered whether the agreement complied with relevant minimum standards prescribed by the Act.

The Commission held that the agreement was made in good faith and without coercion, and that it provided for the terms and conditions of employment. The Commission also found that the agreement did not adversely affect the workers' rights and protections, and that it complied with relevant minimum standards. Consequently, the Commission approved the agreement, finding that it met all the necessary statutory requirements. The approval was subject to the agreement being registered with the Fair Work Commission, as required by the Act.

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