Downer EDI Works Pty Ltd Summary

[2022] FWCA 4078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd

(AG2022/4525)

Downer EDI Works Pty Ltd South Australian Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 21 NOVEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd South Australian 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.

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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. 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) and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 21 November 2022 and, in accordance with s.54 of the Act, will operate from 28 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Works Pty Ltd sought approval for the Downer EDI Works Pty Ltd South Australian Enterprise Agreement 2022. The applicant is an engineering and construction company, and the dispute arose from negotiations between the applicant and its employees represented by the Australian Manufacturing Workers’ Union (AMWU). The matter was heard by Deputy President P.C. O’Brien.

The central legal issue before the court was whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, and if it complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The AMWU contested the application, arguing that the agreement did not adequately address certain employee entitlements and conditions.

Deputy President O’Brien examined the evidence presented and considered the statutory provisions. The court found that the agreement was made in good faith and complied with the relevant legislation. The Deputy President concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the parties' bargaining positions and the economic climate. Consequently, the court approved the application for the Downer EDI Works Pty Ltd South Australian Enterprise Agreement 2022.

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